SURESH KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing of the order impugned dated 5.11.2003 passed by Chief Judicial Magistrate, Jamshedpur in C/2 Case No. 6246 of 2005 which was presently pending in the court of Sub -Divisional Judicial Magistrate, Jamshedpur.

(2.) THE fact reported in brief is that prosecution was launched before the court of Chief Judicial Magistrate, East Singhbhum, Jamshedpur on the prosecution report of the competent authority -cum -Civil Surgeon -cum -Chief Medical Officer against the Managing Director/Manager, Rani Salt Refineries Pvt. Ltd. Gandhidhum, Gujarat as also against Sri Suresh Kumar Agrawal, petitioner on the ground that sample of the Rani Salt collected from the retail shop of the petitioner was found adulterated due to less quantity of iodine contents as per requirement in item No. A.15.01 of appendix B of Prevention of Food Adulteration Rules, 1955 as reported by the Public Analyst, Mineral Area Development Authority, Dhanbad. The Chief Judicial Magistrate vide order impugned dated 5.11.2003 took cognizance of the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act against the Managing Director of the Manufacturing Company as well as petitioner, Suresh Kumar Agrawal.

(3.) A counter affidavit filed on behalf of opposite party No. 2, i.e. Food Inspector, Jamshedpur indicates that the sample packet of Rani salt was collected while it were being sold from the petitioner and were sent to Public Analyst where it was found adulterated on account of low percentage of iodine and, accordingly, written consent was given by the District Health Authority for launching prosecution against the petitioner. It was further submitted that District Health Authority had sent the information to the petitioner within the period of ten days after receiving the copy of the report from the Public Analyst. The sample was taken on 2.9.2003, packed on 8.2.2003 containing batch No. 8 and same was tested by Public Analyst on 29.9.2003 and report of which was forwarded to the petitioner.