SURESH Vs. FOOD INSPECTOR

JUDGEMENT

(1.) BY this petition the petitioners are seeking quashing of the complaint lodged under Prevention of Food Adulteration Act against the petitioners and respondents no.3 and 4 with respect to the sample lifted from M/S Sona and Company on 5.05.2003 of which respondents no.3 and 4 are partners. The sample was of turmeric powder. Petitioner no.2 is the original manufacture of the said sample where as petitioner no.1 is the name of petitioner no.2 It has been submitted that the sample which was taken for analysis was sent for analysis to the Public Analyst after 20 months of taking the sample. The said sample was found to be adulterated by the public analysis. Thus in fact, there is a delay in launching prosecution inasmuch as the consent of the Deputy Director was taken by the Local Health Authority vide letter dated 13.10.2003.

(2.) IT is further submitted that the sample taken by the first respondent mentioned that it is best before 8 months from the date of package. It appears that J.C.Gupta, Advocate appearing for respondents no.3 and 4 requested to send the sample for investigation to Central Food Laboratory. It is submitted that oil spots were found on the packet. Shri J.C.Gupta had no objection on sending the sample for analysis to Central Food Laboratory. This was the second sample. The Central Food Laboratory gave certificate of analysis dated 28.12.2004 with a comment that the sample was received in a sealed packet without manufacturing label.

(3.) THE petitioners then filed an application before the trial Court seeking discharge as per the order of this Court. However, the said application for discharge was rejected by the Court of J.M.F.C. erroneously without assigning any reason holding that it requires evidence and no ground is made out for discharge. It is this order dated 09.09.2009 which is assailed by the petitioners before this Court by way of filing this petition under Section 482 Cr.P.C.