RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition is directed against the order dated 29/1/2014 passed by the learned Additional Chief Judicial Magistrate, Parbatsar in Criminal Regular Case No.27/2010 and seeking quashing of the proceedings of the aforesaid complaint registered against the petitioner for the offence under section 7/16 of the Prevention of Food Adulteration Act.

(2.) Facts in brief are that the Food Inspector purchased a packed sample of Captain brand tea leaves from a vendor named M/s Vishwakarma Kirana & General Store on 17.02.2009. The sample was forwarded for analysis to the public health authority where from a report was received, that the sample did not conform to standards. Upon enquiry, the vendor informed that the article had been purchased by him from the petitioner firm. After completing the necessary enquiry, the food Inspector filed a complaint in the Court concerned on 23.02.2010 against the vendor as well as the petitioner firm.

(3.) As per the admitted facts set out in the complaint, the sample was drawn on 17/2/2009. As per the documents prepared at the time of drawing of samples, the month of packaging was mentioned on the packet of tea leaves as September 2008. The package also bore a specific information that the article was to be consumed best before 12 months from packaging. By necessary implication, the shelf life of the food article (packed tea leaves) came to an end in September 2009. The local health authority analysed the sample and forwarded its report on 17/3/2009 certifying that the sample did not conform to standards. The complaint came to be filed in the Court on 23/2/2010 that is after the expiry of the shelf life of the sample. The petitioner submitted an application under section 13(2) of the prevention of food adulteration act praying that the second sample be forwarded to the Central food laboratory for analysis. The application was accepted by the trial Court by order dated 28/11/2011. However, the sample was not produced in the Court till as late as on 6/11/2012 where after it was forwarded to the Central laboratory for analysis. The petitioner moved an application before the trial Court for dropping the proceedings on the ground of the violation of the right under section 13(2) of the act. The application was rejected by the trial Court by order dated 29/1/2014. The petitioner has now approached this Court by way of this miscellaneous petition challenging the trial Courts order dated 29/1/2014 as well as the total proceedings of the complaint.