- (1.) Heard Sri Sanjay Agrawal, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.
(2.) By means of present 482 Cr.P.C. application, the applicant has prayed for quashing the proceedings of Complaint Case No. 4 of 2000 (F.I. vs. Rakesh Kumar) under Section 7/16 Prevention of Food Adulteration Act, police station Barhan, District Agra pending before the A.C.J.M.-Ist, Agra.
(3.) The prosecution case in brief is that the accused-applicant Rakesh Kumar, was the manufacturer and expose for sale of 'Ice Candy' an article of food at his factory situated at village Barhan, district Agra having license as required under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA Act, 1954). The complainant raided the premises of the applicant on 16.7.1999. He had purchased 600 gms. "Ice Candy" from the applicant for which he has paid Rs. 6/- and obtained a receipt thereof. He also gave a notice under Section 11 Ka of the PFA Act, 1954 to the applicant. He has taken the said 'Ice Candy' for analysis. After dividing the said sample in three parts, he sealed and labeled each part in the presence of the applicant. He has submitted one part for analysis and retained the second and third part in the office of Local Heath Authority, Agra.;