RAM PARKASH Vs. STATE OF H P

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (shortly called the Code) read with Article 227 of the Constitution of India for quashing the order of the Chief Judicial Magistrate, dated 171-1978 and the proceedings before him, has been filed by Shri Ram Parkash, who opposed the sending of the second sample retained by the local authority to the Director of Central Food Laboratory, Calcutta, for purposes of analysis in view of the fact that the sample earlier sent to the Director under the provisions of Sub-section (2) of Section 13 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) was found to be unfit for analysis because the same had decomposed.

(2.) THE short facts of the case are that on 21-7-1977 at about 10-45 A. M. . the Food Inspector purchased a sample of cow's milk from the shop of the present petitioner. The same after having been divided into three parts was bottled and sealed as required under the rule. One of the parts of the sample was sent to the Public Analyst, and the other two parts were sent to the local (Health) authority for purposes of Sub-section (2) of Section 11 and Sub-sections (2-A) and (2-E) of Section 13 of the Act.

(3.) THE sample sent to the Public Analyst was found to be adulterated and. therefore, the Food Inspector, who is authorised under Section 20 of the Act. lodged a complaint in the court of the Chief Judicial Magistrate, Simla under the provisions of Section 16 (i) (a) of the Act. Thereafter the petitioner moved an application as required under Subsection (2) of Section 13 of the Act and the court directed the authority concerned to forward one of the two samples to be sent to the Director of the Central Food Laboratory. The Director's report is as under: