MANOJ SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 27.08.2007 passed by Sub-Divisional Judicial Magistrate, Ranchi in C IV-08/ 2007, whereby he took cognizance against the petitioners under Section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act (hereinafter referred as 'Act').

(2.) It is submitted by learned counsel for the petitioners that it is an admitted position that the alleged article (Haldiram Super Mixture) was purchased by the Food Inspector Krishna Prasad Singh in presence of Mahesh Pandey, another Food Inspector, Civil Surgeon Office, Ranchi and sent it for chemical examination by public analyst.

(3.) It is submitted that as per Section 10(7) of the Act, the Food Inspector was required to call an independent witness at the time of purchasing of said article. It is submitted that in the instant case, the Food Inspector had not complied aforesaid provision, hence, entire prosecution will vitiate. It is also submitted that as per Sections 14 & 19 of the Act, petitioners, who are Vendors, cannot be prosecuted because it is an admitted position that they purchased the said articles from Manufacturer-Haldiram Bhujiyawala Ltd.