RAVI B.PARIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners herein have preferred the petition under Section 482 Cr.P.C. for quashing the entire criminal prosecution including the order taking cognizance on 5.11.03 under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 by the court of S.D.J.M., Jamshedpur in C/2 Case No. 6243 of 2003.

(2.) THE brief tact of the case as per the prosecution report is that the prosecution party visited M/s Regent Resorts and properties pvt., Ltd. Inner Circular Road, Bistupur, Jamshedpur in presence of the witnesses and found exposed and sold Lijjat Papad and Haldi Powder which were seized. On examined by the public analyst MADA, Dhanbad it were found misbranded and adulterated vide report of the analyst MADA dated 29.9.2003. The prosecution case was lodged in the Court of C.J.M. on 4.11.03 after obtaining the sanction by the competent authority and accordingly the cognizance was taken of the offence. The report of the analyst MADA, Dhanbad is annexure 1, 1/1 which is the part of the complaint case and the sanction letter of the C.S. -cum -C.M.O., Jamshedpur is Annexure -2.

(3.) RULE 44A of the Prevention of Food Adulteration Rules 1955 speaks,"