- (1.) This application under Section 482 Code of Criminal Procedure has been filed by Sri Sharma Ayurved Mandir Datia, M.P. and four others who are partners of the said firm for quashing the criminal proceedings in Case No. 2512 of 1982 State v. Om Prakash and Ors. pending in the Court of Judicial Magistrate (Economic Offences) Saharanpur and the summoning order dated 15-7-83.
(2.) The Food Inspector inspected the shop of the Om Prakash and took sample of honey for analysis by the Public Analyst. At the time of taking sample of honey, the Food Inspector Sri K.K. Wasla had given his introduction to the accused Om Prakash and told him that he wanted to take sample of honey which is a food product. After the said notice was given to the shop keeper Om Prakash, three sealed phials of 250 gms honey was purchased by the Food Inspector, sealed and sent to the Public Analyst for analysis under the rules of Prevention of Food & Adulteration Act. The report from the Public Analyst was received on 18-3-81 and the sample of honey was found to be adulterated, not in conformity with the prescribed standard. Since the sealed bottles of honey was obtained by Sri Om Prakash accused from M/s. Maheshwari Aushadhi Bhandar, Kakadganj, Saharanpur vide bill dated 18-12-80, the Proprietor of the said firm was also arrayed as accused in the case. A complaint for prosecution under Section 7/16 of the Prevention of Food & Adulteration Act was filed in the court of Magistrate. The Food Inspector submitted an application before the Court of Special Judicial Magistrate (Economic Offences), Saharanpur for summoning the Manager of Sri Sharma Ayurved Mandir Datia, Shivaji Road, Jhansi. The Court was pleased to issue notice to Sri Sharma Ayurved Mandir and others for facing the trial.
(3.) A writ petition No. 14623 of 1986 was filed by the applicant Nos. 2 to 4 challenging the action of the Food Inspector taking the sample of Ayurvedic Druges and also prayed for quashing the proceedings in Criminal Case under Section 7/16 of Prevention of Food and Adulteration Act pending before the Judicial Magistrate (Economic Offences), Sabaranpur. On the writ petition, the Division Bench of this Court was pleased to pass a stay order staying the further proceedings in the case pending before the Judicial Magistrate (Economic Offences), Saharanpur. The said writ petition remained pending and on 25-4-91 the Division Bench was pleased to dispose of the revision with observation: The proper remedy available to the Petitioners is to file an application under Section 482 Code of Criminal Procedure. In view of this, the present writ petition is not maintainable. The learned Counsel for the Petitioners may file petition under Section 482 Code of Criminal Procedure within a month from today. The present application under Section 482 has been filed on 11-7-91. It appears that the affidavit accompanying with the petition was got verified on 24th May 1991 and was filed in July as stated.;