M N CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner M. N. Choudhary has preferred this petition under Section 482, Cr. P. C. for quashing the cognizance order dated 10. 12. 1999 passed by the CJM, Ranchi in Case No. C (iv) 20/99 as well as the entire criminal proceeding in connection with the said case presently pending in the Court of sdjm, Ranchi.

(2.) THE O. P. Nos. 2 as well as 3 pursuant to the notice received filed the counter-affidavit at flag 'a' and rejoinder thereof at flag 'b'.

(3.) THE brief fact of the case is that O. P. No. 2 had collected the sample of iodized salt from the premises of Hotel, Ranchi Ashok on 31. 8. 1999 to be analyzed by the Analyst, Ranchi. However, a prosecution report was submitted by the Civil Surgeon-cum-C. M. O. , O. P. No. 3 in the Court of C. J. M. , Ranchi on 1. 12. 1999 with the allegation that the salt collected from the premises of Hotel ranchi Ashok was adulterated and it did not conform to the specification laid down under Prevention of Food Adulteration Rules as per report of the Public analyst, Bihar, Patna vide report No. 2261 dated 8. 10. 1999 which attracted the offence under Section 16 (1) (a) of Prevention of Food Adulteration Act, 1954. On the basis of the written report submitted by the O. P. No. 3 cognizance of the offence was taken against the petitioner M. N. Choudhary, General Manager of hotel, Ranchi Ashok as well as another Ashok Kumar Singh, Store In-charge of the said Hotel under the aforesaid section.