Pritam Singh Pattar, J. - (1.) This is an application made by Kapil Kumar Jain under Sec. 482 of the Code of Criminal Procedure for quashing the complaint and also the proceeding pending against him in the Court of Judicial Magistrate, 1st Class, Patiala.
(2.) The facts of the case are that the Food Inspector took sample of Vanaspati Ghee from Ramesh Lal, Salesman, Patiala Central Cooperative Consumer Store, Purani Kotvvali, Patiala, on 9th July, 1973. He took 600 grams of Vanaspati Ghee and divided the same into three equal parts and sent one part of Ghee i.e. 200 grams for analysis to the Public Analyst, Punjab. On receipt of the report from the Public Analyst the Food Inspector filed a complaint against the petitioner in the Court of Judicial Magistrate, 1st Class, Patiala, copy whereof is Annexure 'A' to the petition. Mr. Kapil Kumar Jain of M/s. Oswal Vanaspati and Allied Industries, G.T. Road, Ludhiana, being the manufacturer of the Vanaspati Ghee, has been impleaded as an accused under Sec. 20-A of the Prevention of Food Adulteration Act. The petitioner has filed this petition to quash the complaint against him in the Court of Judicial Magistrate, 1st Class, Patiala, on the allegation that according-to Rule 22, item No. 16 of the Prevention of Food Adulteration Rules (hereinafter refer- red to as 'the Rules'), the Food Inspector was required to send 500 grams of Ghee to the Public Analyst, but he sent only 200 grams for analysis and, there- j fore, the provisions of Rule 22 above-said were not complied with and hence j the Public Analyst did not have the requisite quantity for analysis and, therefore, the proceedings against him may be quashed.
(3.) Notice of this petition was issued to the State of Punjab Mr. Kuldip Singh Keer, Advocate, appearing on behalf of the State did not contest j this petition, in view of the law laid down in 1975(1) F.A.C.1, R.G. Pamnani Vs. State of Maharashtra . Rule 22 of the Prevention of Food Adulteration Rules I lays down the quantity of sample of food to be sent to the Public Analyst/Director for analysis as specified below:- JUDGEMENT_30_LAWS(P&H)1_1976.html;