R.N. SINGH, OFFICER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the impugned order dated 12.11.2003 whereby and whereunder the learned C.J.M., Seraikella took the cognizance of the offence Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 in C/2 Case No. 69 of 2003 and further quashment of entire criminal proceeding against the petitioners pending before the S.D.J.M., Seraikella.

(2.) THE brief fact of the case as narrated in the official complaint was that on 06.09.2003, the Food Inspector (O.P. No. 2) herein, Jamshedpur collected samples of three packets of Trishul Brand Gram Besan and some Arhar Dal from M/s Tayo Canteen against receipt and forwarded the samples to the public analyst. The public analyst by his report dated 29.09.2003 stated that the samples of Trishul Brand Gram Besan were found misbranded, as such, the prosecution report duly signed by the Civil Surgeon -cum -Chief Medical Officer dated 5.11.2003 was presented before the C.J.M., Seraikella Kharsawan, on the basis of which cognizance of the offence was taken on 12.11.2003.

(3.) THE Sr. Counsel specifically argued that it was not the allegation against the petitioners that either of them had manufactured or packed the Trishul Brand of Gram Besan. Admittedly, the petitioners had no hands in manufacturing or that the packed samples of Trishul Brand of Gram Besan were misbranded by the petitioners.