- (1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No.CJM 575/ 23/11/2006 dated 23.11.2006 under Section 16 of the Prevention of Food Adulteration Act, 1954 (the Act for short) (Annexure P-2) and all the subsequent proceedings arising therefrom including the order dated 23.11.2006 (Annexure P-3) .
(2.) The case of the complainant, as per complaint (Annexure P-2), was that on 19.8.2006 at about 4.30 P.M., Manoj Kumar was found in possession of bottles of Whisky. The samples were drawn from the said bottles and were sent to Public Analyst, Haryana, Chandigarh for analysis. As per the report of the Analyist, the period up to which the products could be best used for consumption was not mentioned on the label of the sample as required under clause (i) of Rule 32 of the Prevention of Food Adulteration Rules, 1955 (the Rules for short). The symbol and colour code to indicate the nature as vegetarian food was not declared on the sample as required under sub rule (zzz) (17) of Rule 42 of the Rules.
(3.) Learned counsel for the petitioner has submitted that the proceedings initiated on the basis of the impugned complaint were abuse of process of law. As per proviso to rule 32 (i), the declaration of best before date for consumption shall not be applicable to wines, liquor and alcoholic beverages containing 10% or more by volume of alcohol. As per rule 42 (zzz) (17) every package of vegetarian food shall bear the following symbol in green colour was not applicable to the facts of the present case as the said rule was not applicable to alcoholic products.;