DULICHAND BANSAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, filed under Section 482 of the Code of Criminal Procedure, is for quashing the order dated 18.4.2007 passed by the Sub Divisional Judicial Magistrate, Saharsa, in Misc. Case No. 2 of 2007, taking cognizance of the offence under Rule 32 of the Prevention of Food Adulteration Act, 1954, against the petitioner, proprietor of Durga Traders, Dr. Kalinath Road, M.R. Compound, Siliguri-734405 and Sri Nandlal Sah, the owner of Mrs. Manish Kirana Store, Main Road, Saurbazar (Saharsa), District Saharsa.

(2.) It appears that the opposite party No.2, Sri Arjun Prasad, Food Inspector, Saharsa, inspected the shop of Sri Nandlal Sah, running in the name of M/s Manish Kirana Store, Main Road, Saurbazar (Saharsa). District Saharsa and seized three packets of Dandi Tea, each containing 100 grams and also sugar in three packets, each containing 200 grams. The seized materials were sent to the Public Analyst, Bihar, Patna, who in his report dated 19th of February, 2007, expressed his opinion that on the Dandi Tea Packet, the words "BEST BEFORE' are printed in small letters and as the sample of Dandi Tea does not conform to the labelling provision, so it is misbranded.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the petitioner, who is the proprietor of Durga Traders, Dr. Kalinath Road, M.R. Compound, Siliguri-734405, is innocent as there is nothing on the record to show that the said Dandi tea packets were purchased by Sri Nandlal Sah, the owner of M/s. Manish Kirana Store, Main Road, Saurbazar (Saharsa), District Saharsa from the firm of the petitioner, namely, Durga Traders, Dr. Kalinath Road, M.R. Compound, Siliguri-734405. It has also been submitted that it is alleged in the prosecution report that on the Dandi Tea Packets the words 'BEST BEFORE' were printed in the small letters, which is violation of Rule 32 of the Prevention of Food Adulteration Act, 1954. but from Annexure-2 to this application, which is the empty packet of Dandi Tea, it would appear that the words 'BEST BEFORE' are printed in brackets in small letters and the same are very visible and legible. As such the requirement of Rule 32 of the Prevention of Food Adulteration Act, 1954, has been substantially completed and, thus, there is no violation of Rule 32 of the Prevention of Food Adulteration Act, 1954. In support of his submission, learned counsel for the petitioner also placed reliance on a decision of a Bench of this Court rendered in M.D.. Anand Aqua, M/s S. B. Industries v. The State of Bihar & Anr., 2010 3 PLJR 31