H.K.SANDHU, J. - (1.) RAJ Kumar has filed present petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the complaint Annexure P/I pending in the Court of Judicial Magistrate Ist Class, Chandigarh, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act).
(2.) BRIEFLY , stated the facts of the case are that on March 23, 1987 Shri Viveshwar Singh, Food inspector, inspected the premises of the petitioner who was having 40 kilograms of Amchoor in his possession for Sale. He purchased 600 grams of Amchoor powder for analysis which was divided into three equal parts and was put in three dry and clean bottles. One sealed bottle was sent to Public Analyst for analysis who submitted his report Annexure P/2. According to Public Analyst the sample contained grit 0.60% and the taste of Amchoor was gritty. On receipt of this report complaint was filed in Court. The petitioner was summoned to stand trial and was charged for the offence punishable under Section 16 (1)(a)(i) read with Section 7 of the Act vide order Annexure P/4. Aggrieved by this order the petitioner filed the present petition assailing the complaint as well as subsequent proceedings on various grounds. The averments made in the petition were that there was no standard of quality or purity prescribed for Amchoor under the Act or Rules and in the absence of any yard-stick by which to judge the purity or otherwise of a product the petitioner could not be convicted for any offence both on principle and precedent. The trial Magistrate did not apply his mind to satisfy himself if there was adequate justification for him to proceed to summon the petitioner. The trial Court adopted the procedure of warrant trial by framing charge instead of summary trial which was against mandatory provisions of Section 16-A of the Act, The trial was unnecessarily. I prolonged for the last five years resulting in miscarriage of justice and denial of inherent right of speedy trial enshrined under Article 21 of the Constitution of India.
(3.) IN the return filed by the respondent it was admitted that no standard had been prescribed under the Act or Rules for judging the purity or quality of Amchoor powder but since the sample contained grit the petitioner was liable for the offence with which he was charged. The other allegations made in the petition were denied.;