PARTHA SARATHI KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel for the State.

(2.) THIS application has been filed for quashing of the entire criminal case of P.F.A. No. 13/ 04 (T.R. No. 1728/04), including the order dated 06/04/2004, whereby and whereunder the then Sub Divisional Judicial Magistrate, Dhanbad, took cognizance of the offence punishable under Section 16 (1) (a) of the Prevention of Food Adulteration Act.

(3.) MR . Agarwal, learned counsel appearing for the petitioner further submits that the entire prosecution is bad as the requirement of putting forth 'best before use' and also requirement of giving quantity of sugar was mandated vide notification dated 30th December 2002, but it were made effective w.e.f. from October 2003, whereas the samples had been purchased on 09/ 08/2003, on which date there was no such requirement of law of putting forth 'best before use' and the quantity of sugar over the bottles of soft drink (Mirinda Orange) and under the circumstances the trial court certainly committed illegality in taking cognizance of the offence vide its order dated 06/04/2004.