G.S.CHAHAL, J. - (1.) PAVAN Kumar petitioner by means of this petition under Section 482 Cr.P.C. seeks quashing of the complaint Annexure P -1 and all consequent proceedings pending in the Court of Sub Divisional Judicial Magistrate, Gohana, under the Prevention of Food Adulteration Act.
(2.) THE facts leading to the prosecution as may be gathered from the complaint Annexure P.1 may be stated as follows : On 29th December, 1982, the Food Inspector visited the premises of the petitioner and found him in possession of nine pints of Empire Fine Whisky for public sale. After serving notice in form VI he made a demand for sample and purchased three pints of whisky for Rs. 42/ -. The same were divided into three equal parts and were duly labelled, stoppered and sealed. On one sample having been sent to the public analyst he confirmed that alcoholic strength of the whisky was 72.63% in stead of 75% as declared on the label. The food was thus misbranded.
(3.) MR . Ashish Kapoor, Advocate, who appears for the petitioner has urged that under the Prevention of Food, Adulteration Act, no standard has been fixed with respect to whisky and as such no prosecution under the Act could be launched, and if on the basis of the facts alleged any offence could be made out it was a case under the Punjab Excise Act, and only an officer empowered under the Punjab Excise Act could launch the prosecution. Admittedly, no standard of alcoholic strength in whisky or other alcoholic beverages except toddy has been prescribed under the rules. There is force in the contention of the learned counsel that in this situation, the prosecution could not be launched under the provisions of the Prevention of Food Adulteration Act and if any offence was committed the same was one under the Excise Act. A similar matter was considered in Krishan Lal v. State of Haryana, 1990(1) Recent Criminal Reports 476, and the proceedings were quashed mainly on the basis that no standard for whisky had been fixed under the Act. I, hereby, accept this petition, and quash the complaint Annexure P.1 and all consequent proceedings. Petition allowed.;