MILK SPECIALITIES LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by filing, this petition under Section 482 Cr.P.C. has prayed to quash the complaint filed by the respondent and all subsequent proceedings taken in pursuance of the complaint filed by the Food Inspector before the Chief Judicial Magistrate, Alwar under the provisions of Prevention of Food Adulteration Act in Cr. Case No. 105 of 2000, State v. Rajendra Kumar & Ors. be quashed.

(2.) For the disposal of the present petition, the necessary facts are that Food Inspector, Alwar inspected the premises of M/s. Prakash Dairy on 31.10.1995 and took samples of Aginark Ghee from a tin. Three samples were taken, one of the sample was sent to the Public Analyst, Alwar for analysis and report thereof is dated 2.11.1995. Finding that the sample was adulterated then ultimately a complaint was filed on 5.11.2000 before the learned Chief Judicial Magistrate, Alwar, who took cognizance in the matter against the accused petitioner and others on 5.4.2000 under Section 7/16 of the Prevention of Food Adulteration Act. Hence this petition has been filed to quash the proceedings pending before the Chief Judicial Magistrate, Alwar against the accused petitioner and others.

(3.) It has been contended by the learned counsel that in the instant case as per the provisions of Section 13(2) of the Act it would appear that there is a valuable right for seeking the second sample for analysis available to the accused after filing of the complaint and in the instant case as the sample was taken of Ghee on 31.10.1995 and complaint in this case was filed on 5.4.2000, therefore, after 5 years when complaint was filed then no right in fact was available and the valuable right had already been taken away of the petitioner, therefore, the proceedings are liable to be quashed and set aside. The learned counsel in support of his submissions has placed reliance on the following decisions :