OM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Om Parkash of M/s. Ajit Singh Om Prakash, Commission gents, Nawanshahar (Punjab) challenges the issuance of notice by the Chief Judicial Magistrate, Una, in a complaint under section 16 (1) (a) (i) and section 16 (1 -a) read with section 7 (1) of the Prevention of Food Adulteration Act, 1954. This challenge is by way of a petition under section 482 of the Code of Criminal Procedure for the quashing of the complaint and the proceedings pending in the Court at Una.

(2.) Briefly, the facts are that the Food Inspector visited the premises of M/s. Milkhi Ram, Ram Paul at village Sainsowal on 9 -9 -1986 and purchased Haldi powder for the purpose of analysis. The same was processed in accordance with the Act and the Rules relevant for the purpose and on the basis of information to the Food Inspector, the present petitioner was added as a party as accused No. 3 since the firm M/s Ajit Singh Om Prakash, of which accused No. 3 is a partner, was the warranter, thus, equally liable as alleged in the complaint.

(4.) The matter was initiated in the Court and sanction of the Chief Medical Officer, Una, under section 20 of the Act, 1954 was also filed along -with other necessary documents. The Court issued summons for the appearance of the accused and to answer the charge that was still to be framed.