- (1.) Heard learned counsel for the parties.
(2.) The instant misc. petition has been preferred by the petitioner seeking quashing of the proceedings of Criminal Case No.246/1996 pending in the Court of learned Additional Chief Judicial Magistrate, Sri Karanpur, District Sri Ganganagar for the offence under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (for short "the Act of 1954").
(3.) Briefly stated the facts of the prosecution story are as stated below :- The petitioner whilst carrying a total of 20 litres of milk in two iron drums on a motorcycle on 10.4.1996, was stopped by the Food Inspector, Sri Ganganagar. The case of the prosecution is that after observing due formalities, the Food Inspector purchased two samples of milk from the petitioner. The milk samples were sealed in separate bottles and thereafter, one sample was sent to the public analyst for conducting examination thereof. The public analyst upon analysis of the milk sample by his report dated 30.4.1996 concluded that the sample of milk was having 7.90% milk fat whereas milk solids non-fat were 7.95%. Since the percentage of milk solids non-fat was lesser than the prescribed requirement of 8.5%, the sample of milk was opined to be adulterated.;