R.B.Lal, J. - (1.) This is an application under Section 482, Cr.P.C. for quashing the orders dated 6-6-81 and 8-7-81 passed by the Corporation Magistrate, Varanasi and the First Additional District & Sessions Judge, Varanasi, respectively.
(2.) Shyam Lai Shah opposite party No. 3 is a dealer in edible oils at Varanasi. On 13-3-1980 the Food Inspector of the area accompanied by some higher authorities, raided the shop and godown of opposite party No. 3 and found mustard oil of different qualities and 45 tins of soyabean oil, and seized and sealed the same under Section 10 (4) of the Prevention of Food Adulteration Act (briefly the Act). Samples of these oils were also taken and sent to the Public Analyst for analysis and report. The sample of soyabean oil was found to conform to the prescribed standard. This sample was also got analysed by the Public Analyst at Chandigarh and he also reported that the sample conformed to the prescribed standard.
(3.) The mustard oil sample was not found to conform to the prescribed standard and was also found to contain a prohibited coal-tar dye. The prosecution was launched against opposite party No. 3 for storing adulterated mustard oil and that prosecution is still pending.;