J.M.L. Sinha, J. - (1.) This is an application under section 482 of the Code of Criminal Procedure praying that the proceeding against the applicants in the court of Sub-Divisional Magistrate, Budhana, in Criminal Case No. 83 of 1975 under section 7/16 of the Prevention of Food Adulteration Act be quashed.
(2.) The facts leading to this application can briefly be stated as under:- On 28th of September 1972, at about 12 O' clock Sri R.D. Sharma Food Inspector, Nagar Mahapahka, Auraiya, inspected the shop of M/s. Avad Narain Agarwal and found some tins of ground nut oil, which, according to a cash memo dated 29th June 1972, was sold by the present applicants without giving any warranty to M/s. Avadh Narain Agarwal. On this allegation the Food Inspector filed a complaint for the prosecution of the applicants under section 7/14/16 of the Prevention of Food Adulteration Act. After recording the statement of the Food Inspector and after examining the applicants, the learned Magistrate, who was conducting the trial, framed a charge against the present applicants under the aforesaid sections of Prevention of Food Adulteration Act. Feeling aggrieved against it, the applicants have filed the present application.
(3.) I have heard the learned counsel for the applicants as also the learned counsel for the state.;