- (1.) Leave granted. Heard learned counsel for the parties
(2.) Order dated 15/2/1995 passed by the Delhi High court in Criminal Misc. (Main) Petition No. 2802 of 1994 and Criminal Misc. (Main) Petition No. 3202 of 1994 dismissing the application of the appellants under Section 482 of the Code of Criminal Procedure for quashing the Criminal Cases Nos. 149 of 1988 and 42 of 1990 pending in the court of the Metropolitan Magistrate, New Delhi under S. 7 and 16 of the Prevention of food Adulteration Act, 1954 initiated on the basis of the complaint made by the Local Health Authority of the Delhi Administration is under challenge
(3.) Criminal Case No. 149 of 1988 relates to the sample of Chutki Pan Masala purchased from Accused 1 Murari Lal Gupta, partner of Accused 3 M/s Lal Chand Gupta and manufactured and supplied by Accused 4 M/s K. K. Karyalaya, of which Accused 5 Krishna Gopal Sharma is the nominee. Case No. 42 of 1990 relates to sample of Chutki Mouth Freshner purchased by Food Inspector D. P. Singh on 21/8/1989 from Accused 1 Krishna Gopal Sharma, the nominee of the manufacturer M/s K. K. Karyalaya. According to the prosecution case both the samples of Chutki Pan Masala and Chutki Mouth Freshner were analysed by the Public Analyst, Delhi and the analyst found both the samples as adulterated because it contained saccharin to the extent of 2,000. 00 p. p. m. in the first sample and 2450 p. p. m. in the second sample. It may be stated here that at the relevant time when the said samples were purchased, under the existing Rule 44 (g) and Rule 47 of the Prevention of Food Adulteration Rules, the saccharin contents as found by the public analyst in the samples were in violation of the Rules;