PRAKASH CHAND Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) The instant miscellaneous petition has been preferred by the petitioner seeking quashing of the proceedings of the Complaint Case No. 179/2001 pending in the Court of the Additional Chief Judicial Magistrate, Kanore, district Udaipur and against the order dated 27.7.2001 passed by the learned trial Court whereby cognizance was taken against the petitioner for the offence under Section 7 (1) read with Section 16 (1) (a) and (i) of the Prevention of Food Adulteration Act, 1954 (for short, "the P. F. A. Act").

(2.) Succinctly stated, the facts of the case are that the petitioner is said to be running a proprietorship concern in the name and style of "M/s. Hemant General Stores" at Kanore.

(3.) The Food Inspector of the area is said to have taken a sample of prepackaged salt of the brand "Annpurna" from the petitioner's shop on 22.12.2000 and the same was subjected to analysis by the Public Health Laboratory, Udaipur. The Public Analyst submitted his report dated 24.01.2001 and the conclusion as per the report was that the sample was misbranded because the statement regarding month/year, upto which the product could be best for consumption, was not mentioned on the packet "in capital letters" as required by rule 32 (i) of the Prevention of Food Adulteration Rules. The petitioner's prosecution was thus recommended for violation of Section 2 (ix) (k) of the Act for selling misbranded food. The Food Inspector thus proceeded to file a complaint against the petitioner for the offence under Section 7 (ii) read with Section 16 (a) (i) of the Act in the Court of A. C. J. M. Kanore. The learned Magistrate took cognizance against the petitioner for the aforesaid offence by order dated 27.76.2001.