SURAJ KUMAR VERMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole accused of Case No. B-III-5 of 2002 has challenged the order dated 9.1.2007 passed by Sri P.K. Prasad, the learned Sub Divisional Judicial Magistrate, Katihar, in a case registered under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") by which he has dismissed the petition of discharge filed by the petitioner under Section 245 Cr.P.C.

(2.) The short facts of the case may be noticed briefly. The Food Inspector, Katihar, visited the business premises of the petitioner on 24.7.2002 at around 3 P.M. and having disclosed his identity gave notice to the petitioner and took samples of 450 gms. of aldi powder for the purposes of analyising. The sample was sent by the Food Inspector to the Public Analyst, Bihar, Patna, for analysis. On analysis it was found that the Haldi powder is an adulterated since the same did not conform to the prescribed standards.

(3.) The submissions of the learned Counsel for the petitioner is that the Haldi powder in question was packed and sealed by the Company and it was purchased by the petitioner from one Shankar Bhandar of Katihar. It is said that the Haldi powder was admittedly manufactured by Shalimar Company and contained the brand name of "Shalimar". The petitioner purchased the packed Haldi powder from another dealer and the same was in the same condition as it was found packed in the petitioner's shop and, therefore, the petitioner could not at all be made responsible for the quality of the Haldi powder which was manufactured by Shalimar Company.. The contention was that the commodity had come to the shop of the petitioner in sealed condition from the Company through another seller and, therefore, it would be the manufacturing Company which shall be responsible for packing and sealing of the Haldi powder for the purpose of sale and not the petitioner.