CHANDRA BALI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) ON 07/06/2011, the Food Inspector, collected the samples of Mustard Oil (Elephant Brand) having batch no. NR/3/M/A, 2011 C, packed on 20/05/2011 from M/S SAIL Employees Consumer Co operative Society and sent it for its chemical analysis before the Mineral Area Development Authority (MADA). The Public Analyst vide his report no. 391/2011, reported that the sample of the Elephant Brand Mustard Oil is not labelled in accordance with requirement of Rule 32 (cf) of Prevention of Food Adulteration Rules and, hence, the same is misbranded in terms of Section 2(ix) (k) of the Prevention of Food Adulteration Act. On submission of report, a complaint was lodged, which was registered as Complaint Case No. C IV 22/11. Upon which, cognizance of the offence punishable under Section 16 (1) (a) of the Prevention of Food Adulteration Act, was taken against the petitioner vide order dated 08/08/2011, which is under challenge.

(3.) IN the context of submission one may take notice of the provision as contained in Rule 32 (1) (e) & (f), which reads as follows: