NATHMAL AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Heard learned counsel for the petitioner-accused as well as learned Public Prosecutor for the State.

(2.) The instant petition under Section 482 Criminal Procedure Code has been filed by the petitioner challenging order dated 25.11.2010 passed by learned Chief Judicial Magistrate, Makrana District-Nagaur in Criminal Case No. 316/2010 taking cognizance against the petitioner and Nemi Chand for offence under Section 7/16 of the Prevention of Food Adulteration Act (for short 'the PFA Act') and ordered for summoning the accused persons.

(3.) Brief facts of the case are that a sample of Soyabean oil (Kalash brand) contained in three sealed plastic bottles of 500ml each were alleged to have been taken by the Food Inspector from shop of the petitioner Nathmal Agrawal, located at Naya Bazar, Borawar, District Nagaur on 23.3.2010. A notice in Form No. VI was served on the petitioner Nathmal Agrawal by the Food Inspector for taking sample. The Food Inspector prepared a seizure memo and took sample at the spot and the samples were allegedly sent to Public Analyst, Public Health Laboratory at Jodhpur on 29.3.2010.