DEB KUMAR MITRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) MR.Abnikant Prasad, learned A.P.P submits that in spite of intimation being given to the Civil Surgeon-cum-Chief Medical Officer, Ranchi for filing counter affidavit, he never responded to it and thereby counter affidavit could not be filed.

(2.) SINCE the matter is quite old one, heard learned counsel appearing for the petitioners and the State on its merit.

(3.) HAVING analyzed the sample, Analyst did report about the mis-branding of the product as date of manufacturing was not there over the label of the product which is in violation of Rule 3 of the Prevention of Food Adulteration Rules, 1955. On such allegation, complaint was lodged, upon which cognizance of the offence punishable under Section 16(1)a(i)(ii) of the Prevention of Food Adulteration Act was taken against the petitioners.