MANOJ PRABHAKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant petition has been filed on behalf of the Petitioners invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing of the entire criminal prosecution of the Petitioners arising out of C-IV Case No. 22 of 2008 in which cognizance of the offence has been taken under Section 16(i)(a) of the Prevention of Food Adulteration Act. 1954 by the C.J.M., Ranchi on 5.1.2008 now pending before the Sub-Divisional Judicial Magistrate, Ranchi.

(2.) The prosecution story in short was that the O.P. No. 2 Mahesh Pandey, Food Inspector, Ranchi visited the business premises of M/s. Gujarat Co-operative Milk Marketing Federation Limited at Shop No. 5 Agriculture Marketing Yard, Pandra, Ranchi on 4.10.2007 and collected the samples of:

(3.) The public analyst Jharkhand by its report No. 524PFF/2007 dated 16th December, 2007 opined that manufacturing date of the sample Stamina Sports Drink was 11.5.2007 best before 120 days from manufacturing and that the end of the period was lapsed so it was not suitable for marketability. On the basis of the report of the public analyst the Food Inspector O.P. No. 2 instituted prosecution in the Court of the C.J.M., Ranchi against the Petitioners herein for the alleged offence under Section 16(i)(a) of the Prevention of Food Adulteration Act, 1954 after obtaining written consent from the Civil Surgeon-cum-Chief Medical Officer, Ranchi on 3.1.2008. The official complaint was filed in the Court on 5.1.2008 having got bearing of the signature of the C.J.M. Ranchi with the endorsement of the date thereon.