RUPAK KUMAR Vs. STATE OF BIHAR
LAWS(SC)-2014-3-6
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on March 04,2014

Rupak Kumar Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

MUNICIPAL CORPORATION OF DELHI VS. LAXMI NARAIN TANDON [REFERRED TO]



Cited Judgements :-

CARGILL FOODS INDIA LTD & ANR. VS. THE STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2017-1-175] [REFERRED TO]
M/S. GUJRATI HINDU HOTEL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-1-10] [REFERRED TO]
SAROJ RANJAN RATH AND ANOTHER VS. STATE OF ORISSA [LAWS(ORI)-2018-3-88] [REFERRED TO]
HINDUSTAN UNILEVER LTD. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-7-140] [REFERRED TO]
TIRGUALI MURLI @ T. MURLI VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-5-88] [REFERRED TO]


JUDGEMENT

- (1.)The petitioner is aggrieved by the order whereby his prayer for quashing the order taking cognizance under Section 16(1)(a) of the Prevention of Food Adulteration Act and issuing process has been declined.
(2.)Short facts giving rise to the present special leave petitions are that when the petitioner was posted as the Superintendent of District Jail, Bihar Sharif, the Food Inspector visited the jail premises and collected samples of various materials including Haldi and Rice. Those articles were stored for consumption of the prisoners. The samples so collected were sent for examination and analysis and, according to the report of the Public Analyst, Haldi and Rice were not found in conformity with the prescribed standard and, therefore, held to be adulterated. Accordingly, two separate prosecution reports were submitted alleging commission of an offence under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The learned Chief Judicial Magistrate took cognizance of the offence under Section 16(1)(a) of the Act and by order dated 18th of March, 2006 directed for issuance of process in both the cases. The petitioner assailed both the orders in separate revision applications filed before the Sessions Judge; but both were dismissed. Thereafter, the petitioner preferred two separate applications, being Criminal Miscellaneous No. 15527 of 2010 and Criminal Miscellaneous No. 15471 of 2010 under Section 482 of the Code of Criminal Procedure before the High Court. The High Court, by the orders impugned in the present special leave petitions, has dismissed both the criminal miscellaneous applications. It is in these circumstances the petitioner has filed the present special leave petitions.
(3.)Leave granted.


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