SANTOSH RANJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Mrs. Santosh Ranjan has preferred this petition under Section 482 of the Code of criminal Procedure for quashing the entire criminal proceedings against her including the order dated 12.11.2003 passed by the Chief Judicial Magistrate, Seraikella whereby cognizance of the offence has been taken in C/2 Case No. 70 of 2003, presently pending in the Court of Sub -Divisional Judicial Magistrate, Seraikella for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. 1954.

(2.) THE brief fact of the case -is that on 6.9.2003 the Food Inspector, Jamshedpur has collected Shankar Brand Gram Besan and Turmeric Powder from M/s TISCO Adityapur Complex Growth Shop Canteen, Gamharia, Seraikella, Kharsawan and it was sent to the public analyst. It was found by the public analyst, vide report dated 29.9.2003 that the Besan was misbranded, cm the basis of which prosecution report dated 5.11.2003 of the Civil Surgeon -cum -Chief Medical Officer, Seraikella, Kharsawan was sent to the Court of Chief Judicial Magistrate, Seraikella and accordingly the complaint case was instituted for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act in which three persons were made accused including the petitioner, Mrs. Santosh Ranjan.

(3.) NOW the points for determination in the present case are two folds;