RAVINDRA KEDIYA & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Shri Ravindra Kediya, Assistant Director, R. C. S. Vanaspati Industry, and Shri B. P. Agarwal, Factory Manager, have presented this application under section 482 Cr. P. C for quashing the proceedings initiated against them by the Chief Judicial Magistrate, Nagaur under Sec. 2U (A) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) The facts and circumstances in which the present application came to be filed, may be briefly stated as under.:-

(3.) On 7.6.73, at about 3-40 p. m. Shri Sahdeo Chodhari, Deputy Chief Medical and Health Officer (Health), Nagaur visited the shop M/s Shobha Chand Ganeshmal, Ladnu dealing in vanaspati ghee. He purchased 1 Kg & 500 gms. of Veena Brand Ghee from a sealed container of 16,1/2 Kg. for a sum of Rs. 12.87. Necessary formalities were completed. The sample was divided into three parts in three bottles and the bottles were duly checked and sealed. One of the bottles was handed over to the accused and one bottle or sample was sent for analysis. On receipt of the report of the Public Analyst, it was found that the sample was adulterated as it did not conform to the prescribed standard of purity. After obtaining sanction for prosecution against Ganeshmal. Hansa Raj & Mool Chand, Shri Sahadeo Chodhari presented a complaint against the partners of M/s Sobha Chand Ganeshmal. The prosecution evidence was recorded. The statements of all the three accused persons were also recorded The accused persons also examined three witnesses D. W. 1 Sbyam Sundar, Junior Accountant, District Supply Office, D. W. 2 Bal Chand serving in supply department at Tehsil Ladnu, the present applicant D. W. 3, Shri R K. Kedia The accused Mool Chand further examined himself as D. W. 4. Before recording the defence evidence on 17.3.75 an application was moved on behalf of the prosecution for taking cognizance under section 7/16 of the Act against R. C. S. Vanaspati Industries, R. K. Kedia & Shri B. P. Agarwal. On 13.6.75, on behalf of the prosecution it was stated that the application may be disposed of after recording of the defence evidence. There upon, attention of the Chief Judicial Magistrate was invited to the earlier application dated 14.3.75 and the learned Magistrate passed order on 19.10.77 and took cognizance against the present application and M/s R. C. S. Vanaspati Industry, Jaipur under section 20 (A) of the Act and bailable warrants were issued against the present applicants. On appearance, by the present application was filed on 24.11.77. praying for setting aside the order whereby they were summoned and also prayed for their discharge. It was submitted that the original accused persons were wholesale dealers and as such the Court could not take cognizance against them under section 20 (A) of the Act. The learned Magistrate after hearing dismissed the application dated 24. 11. 77. Dissatisfied with the order of the learned Magistrate, the present application has been moved for quashing of the proceedings against the present applicants.