Gurnam Singh, J. - (1.) This is a petition under section 482 of the Code of Criminal Procedure for quashing the proceedings, initiated against the petitioner, including the complaint and the charge framed against him.
(2.) The petitioner was proceeded against under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, on the complaint of the Food Inspector for being in possession of imported raw rape-seed oil. The Food Inspector had taken the sample of the imported raw rape-seed oil from the petitioner and sent the same to the Public Analyst for examination. The Public Analyst reported as under:- "The low flash point indicates that the solvent used for the extraction of oil has not been completely removed whereas all edible oils obtained by solvent extraction method are to be refined before released for direct human consumption." This report of the Public Analyst is based on the letter issued by the Government of India dated 29th Aug., 1977. In the letter issued by the Government, the standard for raw rape-seed oil for direct human consumption has been given and in that the requirement of flash point has been shown as Nil.
(3.) The learned counsel for the petitioner has contended that the letter issued by the Government prescribing standard for raw rape-seed oil cannot have a statutory force and, therefore, the petitioner could not be proceeded against for having in possession raw rape-seed oil which, according to the Public Analyst, was of sub-standard. The further point was that the raw rape-seed oil possessed by the petitioner was not adulterated even according to the instructions issued by the Government in the letter, referred to above.;