AJAY KUASHIK S/O LALLU PRASAD, AGE ABOUT 50 YEARS, PROPRIETOR M/S. DELHI SWEETS, BAZAAR NO. 01, PATCH AREA, BHILWARA (RAJ.). RESIDENT OF UPSTAIRS OF DELHI SWEETS, BAZAAR NO. 1, PATCH AREA, BHILWARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under Sec. 482 Crimial P.C. for quashing entire proceedings of Criminal Case No. 920 of 2011, pending in the Court of Chief Judicial Magistrate, No. 1, Bhilwara, including the complaint itself.

(2.) Bare necessary facts, for the purpose of this petition, are that on 6th of April, 2011, a criminal complaint was laid against petitioner by Food Inspector working in the office of Chief Medical Health Officer, Bhilwara before the learned Chief Judicial Magistrate, Bhilwara (for short, 'learned trial Court') alleging offences punishable under Sections 16(1)(1)(ii) of the Prevention of Food Adulteration Act, 1954 (for short, Act) and Rule 50(1) of the Prevention of Food Adulteration Rules, 1955 (for short, Rules). The complaint was registered as Criminal Case No. 920/2011. In substance, the complaint attributed adulteration in Malia Barfi, samples of which were taken from M/s. Delhi Sweets, Bhilwara, the manufacturer of said Barfi on 03.11.2010 and the petitioner being its proprietor was arrayed as accused in the criminal complaint. The samples were sent for analysis to Public Analyst, Public Health Laboratory, Ajmer on 04.11.2010 and as per report of the Public Analyst dated 10.12.2010, the samples were found adulterated.

(3.) The learned trial Court, on receipt of the complaint and the documents accompanying the same, took cognizance on 18th of April 2011 and issued process to the petitioner for offence under Sec. 7 read with Sec. 16 of the Act on 18th of April 2011.