- (1.) The matter came up for consideration of the second stay application preferred by the accused. With the consent of the learned counsel for the parties, the matter was heard finally.
(2.) The instant misc. petition has been filed on behalf of the petitioners seeking quashing of the proceedings of the Complaint No.952/2011 (149/2004) pending in the Court of learned Chief Judicial Magistrate, Bhilwara for the offence under Section 7/16 of Prevention of Food Adulteration Act, 1954 (referred to herein after as 'the Act of 1954').
(3.) Succinctly stated, facts of the case are that the Food Inspector, Bhilwara inspected the premises of a shop named M/s.Damodar Lal and Co. on 30.8.1995. The vendor was found selling packed tins of Engine brand Mustard Oil. The Food Inspector expressed intention of purchasing sample of the said mustard oil for the purpose of having it analysed under the provisions of Act of 1954. Accordingly, a sealed tin of Engine Brand Mustard Oil was opened in front of the witnesses. 375 grams of oil was taken from the tin and was divided into three equal portions & sealed in separate bottles after making payment of cost thereof to the vendor. As per the details printed on the tin, the manufacturer of the oil was Shri Hari Industries (Hari Oil Mills). The vendor's representative informed the Food Inspector that the oil had been purchased from a firm named M/s. Isarlal Jhamkulal, Sadar Bazar, Chittorgarh vide a bill dated 6.7.1995. Copies of the Form No.VI prepared at the time of sampling were forwarded to the dealer M/s. Isarlal Jhamkulal, Sadar Bazar, Chittorgarh as well as the petitioner no.1 being the manufacturer. One part of the sample was forwarded to the public analyst for analysis from where a report dated 7.10.1995 was received certifying that the sample did not conform to the standards.;