Chandra Prakash, J. - (1.) This is an application under section 482 Cr. P.C. for quashing the prosecution of the applicant under section 7/16 of the Prevention of Food Adulteration Act (hereinafter called the Act) read with U.P. Pure Food Rules, 1952.
(2.) The allegations against the applicant are that on 15-12-1973 the applicant was found selling Khoya pera. According to the applicant, he was simply selling Dudh-Bura-Ki-Tikki. The recovered sample was sent to the Public Analyst for analysis and the appellant was eventually prosecuted. The charge framed/against the applicant was that he was found selling adulterated pera of Khoya which was punishable under section 7/16 of the Act read with U.P. Pure Food Rules 1952.
(3.) The applicant has moved this application on the ground that U.P. Pure Food Rules, 1952 no longer exists and he cannot be punished for breach of those Rules. Notice of this application was issued to the state. I have heard the learned counsel for the applicant and the learned counsel appearing on behalf of the State and after going through the record I have come to the conclusion that the prosecution of the applicant on the charge, as framed, must be quashed.;