B.N. Katju, J. - (1.) This is an application under section 482 Cr.P.C.
(2.) The charge framed against the applicant in Case No. 401 of 1974 under section 7/16 of the Prevention of Food Adulteration Act in the Court of Railway Magistrate First Class, Bareilly (Judicial Magistrate First Class), is as follows:- "That you on 24.12.1973 at 2.15 p.m. at your shop situate at Ramganj Bazar, Police-station Baradari were found selling and were keeping 'Masoor Sabit' when you were checked by the Food Inspector who after giving you notice and passing price of the said Masoor Sabit, purchased the sample and placed Masoor equally in three empty and clean phials and sealed them and gave you one sample phial and sent one for analysis to the Public Analyst and according to Ex. Ka-(SIC) analysis report, in the said sample Masoor 49% non edible Akra and foreign inorganic matter exceeds the maximum limit of one per cent, the use of which in Masoor is prohibited."
(3.) It is stated in the application and in the affidavit filed in support of it that only 450 grms of Masoor Sabit was purchased by the Food Inspector from the applicant which was divided into three parts and sealed in three phials, one of which was sent to the Public Analyst for analysis. The Food Inspector admitted in his counter-affidavit that 450 grms of Masoor Sabit were purchased by him from the applicant. The sample which was sent to the Public Analyst therefor only contained 150 grms. of Masoor Sabit where as according to rule 22 of the Prevention of Food Adulteration Rules the approximate quantity required to be sent for analysis to the public analyst is 250 grams. It was observed in the case Rajaldas G. Pamnani v. State reported in 1975 (1) FAC 1 as follows:- "The Public Analyst did not have the quantities mentioned in the Rules for analysis. The applicant rightly contends that non-compliance with the quantity to be supplied caused not only infraction of the provisions but also injustice. The quantities mentioned are required for correct analysis. Shortage in quantity for analysis is not permitted by the statute.";