RAM PHAL Vs. STATE OR HARYANA

JUDGEMENT

(1.) THIS criminal miscellaneous under section 482 of the Code of Criminal Procedure relates to quashment of complaint (Annexure P 1) filed by the Food Inspector in the Court of Chief Judicial Magistrate, Bhiwani under the Prevention of Food Adulteration Act, 1954 (shortly the Act) and the consequent proceedings taken thereunder including charge (Annexure P 3) under section 16(1)(a)(i), read with section 7 of the Act rained against the petitioner and his co-accused Phool Singh Thekedar, Theka Sharab Desi, Loharu Road, Near Devsar Octroi Post, Bhiwani on 27-8-1987.

(2.) IN brief, the relevant facts for the disposal of this petition are that on 23-9-1982, Food Inspector visited the liquor vend of the petitioner at Loharu Road, near Devsar Octroi Post, Bhiwani and purchased 540 ml of liquor. After dividing the sample into 3 parts, one such part was sent to the Public Analyst, Haryana. Report from the Public Analyst was received to the effect that the sample gave strength % proof as 55.73 against the declaration of 60%. Since the sample of country made liquor was found to be sub-standard, complaint was filed against the present petitioner and another.

(3.) FOR the fore going reasons, complaint and charge framed against the petitioner, is directed to be quashed, and the petitioner is directed to be acquitted. This petition is accordingly allowed.