M.R. Sharma, J. - (1.) The grievance made in this petition under Sec. 482 Code of Criminal Procedure, is that 600 grammes of Go, Go ice Cream was purchased by Mr. K. L. Issar exercising the powers of a Food Inspector from the premises of Green Hotel, Frozepur Cantt. The quantity purchased was divided into three equal parts, and, thus, only 200 grammes was sent to the Public Analyst for analysis whee as under the entry at serial No. 22 of Rule 22, Prevention of Food Adulteration Rules, 1955, 300 grammes of the ice cream was required to be sent to the Public Analyst.
(2.) In somewhat similar circumstances in Rajaldas G. Pampani Vs. State of Maharashtra, 1975 (1) FAC 1 and Brij Mohan Vs. State of Punjab (1976) 78 P.L.R. 752 the short supply of material to the Public Analyst was held to amount to an illegality which vitiated the trial. In these circumstances, I allow this petition and quash the complaint filed against the petitioner Petition allowed.;