Gopal Krishan Vyas, J. - (1.) In this petition filed under Sec. 482, Cr.P.C., the petitioners, have prayed for quashing complaint and criminal proceedings initiated against them by the Addl. Chief Judl. Magistrate, Pokaran upon filing Complaint by the Food Inspector, Chief Medical & Health Officer, Jaisalmer.
(2.) Main contention of learned counsel for the petitioners is that a search was made at firm of petitioner No. 1 at about 8.15 P.M. on 02.04.2009 by the Food Inspector and, in the inspection, he found 25 plastic packed jars containing sweet eatables, sugar boiled confectionary (Brand Nutrine Mahalacto), containing 484 gm in each jar kept on a wooden rack. Upon suspicion that it is adulterated, the Food Inspector purchased 3 plastic packed jars on payment of Rs. 150 and obtained receipt for the same in front of two witnesses. After completion of entire formalities, the samples were sent to the Public Analyst, Udaipur for testing through local health authority, Jaisalmer. According to the prosecution, samples were found to be misbranded, therefore, sanction for prosecution was obtained. Thereafter, complaint was filed against the petitioners for offence under Sec. 7/16, Prevention of Food Adulteration Act.
(3.) Learned Addl. Chief Judl. Magistrate, Pokaran After taking cognisance initiated prosecution against the petitioners while registering criminal case No. 10/2010, for which, prayer has been made by the petitioners that the said complaint may be quashed and set aside.;