M.N. Bhandari, J. - (1.) By this criminal misc. petition, a challenge is made to the order dated 03rd November, 2004.
(2.) Learned counsel submits that a complaint has been lodged implicating many persons for adulteration of food (ice cream). The application for sending second sample for testing was made. Prior to it, the order of cognizance of offence under Section 7(1) of Prevention of Food Adulteration Act (for short "the Act") was passed. On getting report of second sample, the court found no adulteration, thus earlier report stood superseded. The court decided to drop the case for the allegations of adulteration of food. A reference of judgment of Hon'ble Apex Court in the case of K.M. Mathew v. State of Kerala & Anr. reported in Cr.L.R. (SC) 1992 170 was given. The court however, kept the case pending against the present petitioners on an allegation, for which neither complaint was filed nor cognizance of offence was taken. It was not a case for violation of Rule 50 of the Rules.
(3.) Learned Public Prosecutor has opposed the petition.;