Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties. The instant misc. petition has been preferred by the petitioner challenging the order dt. 29.01.2009 passed by the learned Additional Sessions Judge, Parbatsar rejecting the revision petition filed by him against the order dt. 02.09.2008 passed by learned Additional Chief Judicial Magistrate, Parbatsar in Criminal Case No. 10/1996 whereby charge was framed against the petitioner for the offence under Sec. 7 /16 of the Prevention of Food Adulteration Act, 1954 (for short "the Act of 1954").
(2.) SUCCINCTLY stated the facts necessary for the disposal of the instant misc. petition are that the Food Inspector, District Nagaur is alleged to have collected samples of chilly powder from the shop of a trader named Ajeet Raj Kothari, proprietor of M/s. Kothari General Stores, Village Jawla, Tehsil Parbatsar on 09.07.1993. The spot memo prepared at the time of drawal of the sample recited that the chilly powder was lying in a receptacle of 5 kgs. and therefrom two samples were drawn and were sealed after making the payment of the cost to the vendor. The spot memo also discloses that the vendor at the time when the samples were drawn, informed the Food Inspector that the chilly powder in question had been purchased by him from the petitioner who manufacturers chilly powder under the name and style of M/s. Shah Group, E -2, Mandore Industrial Area, Mahamandir, Bhadwasia Road, Jodhpur. A purchase bill dt. 08.06.1993 was also submitted to the Food Inspector. The sample of chilly powder on analysis by public analyst was found to be adulterated. Thereafter, the Food Inspector proceeded to file a complaint in the Court of A.C.J.M., Parbatsar against the petitioner and the vendor for the offence under Sec. 7 /16 of the Act of 1954. The vendor made a request for having the second sample analysed by the Central Food Laboratory. A report upon such analysis has been received to the effect that the chilly powder was adulterated because the sample gave positive test for presence of oil soluble colours. All other parameters for the chilly power were found to be in conformity with the standards mentioned in the Appendix.
(3.) PRE -charge evidence was led at the trial and the petitioner's plea before the trial Court was that the sample which was taken by the Food Inspector was from a packing of 5 kgs. whereas the bill which was produced by the vendor was revealing the fact that the chilly powder which had been sold by the petitioner to the vendor was in a packing of 20 kgs. It was thus claimed that there was no material on the record of the case to prove that the chilly powder of which the sample was taken from the vendor was the part and parcel of the same packing of chilly powder which was sold by the petitioner to the vendor.;