TARUN MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . Heard Mr. Pandey Neeraj Roy, learned Counsel appearing for the petitioner and Mr. Ram Subhag Singh, learned A.P.P. for the State.

(2.) THE prayer of the petitioner in this application is to quash the order dated 1,6.2000 passed by the Chief Judicial Magistrate. Ranchi taking cognizance for the offence under Section 16(1)(a)(II) of the Prevention of food Adulteration Act as well as the order dated 9.4.2003 passed by the Sub -Divisional Judicial Magistrate, Ranchi, rejecting the prayer of the petitioner for dropping the case.

(3.) AFTER perusing to the prosecution report, learned Chief Judicial Magistrate took cognizance of the offence under Section 16(1)(a)(I)(II) of the Prevention of Food Adulteration Act against the accused persons including the petitioner by order dated 1.6.2000. The petitioner thereafter appeared and filed an application before the Sub -Divisional Judicial Magistrate for sending the sample of the Kashmiri Mirch Powder taken from the shop of the petitioner to Central Food Laboratory for analysis. Prayer was allowed and the sample was sent for chemical examination to the Central Food Laboratory. Subsequently, test report of Central Food Laboratory was received as contained in Annexure 6. The finding of the Central Food Laboratory was that the sample con forms to the standards of chillies powder as per the PFA Rule, 1955, meaning thereby no adulteration as alleged by the public analyst was found by the Central Food Laboratory. After receipt of the said report from the Central Food Laboratory a petition was filed on behalf of the accused persons before the Court below for dropping the prosecution on the ground that no adulteration as alleged by the prosecution was found by the Central Food Laboratory but the said prayer for dropping of the case was rejected by order dated 9.4.2003.