SHREE GIRDHAR OILS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Gautam Kejriwal, learned counsel for the petitioner and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure has been, filed for quashing the order dated 19.6.2004 passed by learned Sub Divisional Judicial Magistrate, Buxar in case arising from Case No. 2(O)/2004 (T.R. No. 438 of 2011) whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(2.) THE facts of the case are in a very narrow campus.

(3.) MR . Kejriwal, learned counsel for the petitioner has submitted that apart from the fact that no notice as required in terms of Section 11(1)(a) of the Act, was ever served on the petitioner, he was also not provided with any food analyst report as required under Section 13(2) of the Act. It is submitted that even in absence of any notice to the petitioner that he was being proceeded against, the prosecution has been instituted surprisingly without arraigning the dealer as an accused to the case from whom the sample was collected.