OM PARKASH SHARMA Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner invokes the inherent jurisdiction of this Court under section 561-A Cr.P.C. to seek quashing of the complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954, (for short, the Act) filed against him by the Food Inspector, Block, Akhnoor, herein respondent No.2, in the court of the Learned Chief Judicial Magistrate, Jammu as also the order dated 25.06.2008 whereby the learned Magistrate issued process against the petitioner for proceeding against him for the commission of the said offence.

(2.) Heard learned counsel for the parties.

(3.) Case set out in the impugned complaint is that on 18.06.2007, the complainant, Food Inspector, purchased three sealed bottles of an article of food namely "Pine Apple Juice" with the name and style "JUICY FUN" from the shop of the petitioner and sealed them as per the prescribed procedure for their sample test. On analysis of one of these three samples by the public analyst, the said article of food was found adulterated and misbranded. After obtaining sanction for prosecution from the Local (Health) Authority, the complainant filed the complaint against the petitioner. Learned Magistrate by his order dated 25. 06. 2008 issued process against the petitioner (accused) for proceeding against him for commission of offence under section 7/16 of the Act.