RAJ KUMAR Vs. FOOD INSPECTOR

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking quashing of the proceedings against the petitioner pending in the Court of Judicial Magistrate, Court No. 2. Shimla under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954,. 'Food Act' for short.

(2.) The petitioner is the licensee of the Hotel Eve, The Mall, Shimla. The said premises are used for the lodging and catering. Kamal Kumar, the real brother of the petitioner, was the Manager and conducting the business of the said Hotel.

(3.) Succinctly stated the facts of the case are that on 28-12-2005, at about 12.15 p.m., Food Inspector inspected the premises of the aforesaid Hotel the Eve, The Mall, Shimla and found Kamal Kumar conducting the business as a Manager. At that time, he was having 4 x 250 grams poly packs of Amritsari Papar on a shelf kept for sale to the general public. After disclosing his identity, the Food Inspector declared his intention to take its sample for analysis. Thus, he purchased 3 x 250 gram poly packs of Amritsari Papar by making a payment of rupees 67.50 paise. The purchased packs of the Papars aforesaid were separately labeled, wrapped and sealed in accordance with law and the rules applicable thereto. The whole sampling process was witnessed by Sham Singh and Charan Dass. Memo was also prepared which was signed by Kamal Kumar and the witnesses aforesaid in the presence of the Food Inspector.