- (1.) By means of this application filed under Section 482 Cr.P.C. the applicants have invoked the inherent powers of this Court with a prayer that the proceedings of Criminal Case No. 1145 of 1989, under Section 7/16 Prevention of Food Adulteration Act, for short the P.F.A. Act, pending before the Judicial Magistrate-II (economic Offences) Lucknow, be quashed.
(2.) The relevant facts, in brief, are that on 25.9.1986. Mr. F.A. Khan, the then Food Inspector, Lucknow, collected the samples of Zarda (Tobacco) mixed Pan Parag Pan Masala from the shop of Jagdish Kumar at Dubagga, Lucknow by purchasing the packets of the said pan masala in accordance with rules. The packets of the said pan masala were supplied to the vendor by the wholeseller Amba Charan and were manufactured by applicant No.1. The sample packets were sent for analysis to the Public Analyst. According to the report of the Public Analyst, the ingredients of the Pan Masala were not shown on the label of the packets in violation of Rule 37A of the Rules, framed under the PFA Act. A complaint case has accordingly been instituted under Section 7(v) read with Section 16(a)(i) of the PFA Act against the vendor, the whole seller and the manufacturing company and its owner and partners after obtaining the written consent of prosecution from the Chief Medical Officer/Local Health Authority, Lucknow.
(3.) The Magistrate took cognizance upon the complaint and summoned the accused persons including applicant Nos. 1 and 2, who are the manufacturing company and one of its Directors respectively.;