M.C. Jain, J. - (1.) This application has been presented under section 482, Cr. P.C., for quashing the proceedings initiated under section 20A of the Prevention of Food Adulteration Act, by the learned Chief Judicial Magistrate, Ganganagar by his order dated 7-2-1978.
(2.) I may briefly state the relevant and material facts. The Food Inspector Mangilal visited the shop of the accused Ranjeet Rai on 24-11-1976 purchased a sample of pine-apple country liquor for analysis and after completing usual formalities sent one of the sample for analysis. On examination it was found that it contained chloral-hydrate, but the accused then sent the sample for analysis to the Director, Central Food Laboratory, Calcutta, whereof the report was in negative, but it was reported that there was contravention of rule 24 inasmuch as there was no label of extraneous colouring matter. The trial of the accused Ranjeet Rai proceeded for contravention of rule 24. After trial it was found that for the alleged contravention Ranjeet Rai was not liable. It was the Ganganagar Sugar Mills, which was liable. The learned Chief Judicial Magistrate recorded finding to that effect and ordered to proceed against the applicants under section 20A of the aforesaid Act and cognizance was taken against them under section 17. After taking cognizance Ranjeet Rai was acquitted for the contravention of rule 24. There was also a charge for contravention of rule 40(2) and for that it was found that it is not applicable to the commodity in question, so he was also acquitted of the alleged contravention of rule 40(2).
(3.) In this application it has been urged on behalf of the applicants that provision of section 20A can only be attracted during the course of trial and not after the conclusion of the trial. Ranjeet Rai, the vendor, stood the trial and was acquitted, after this finding having been recorded that he is not liable for the contravention of rule 24. The learned counsel submitted that the question is no more res integra. It stands concluded by the decision of the Supreme Court in M/s. Bhagwan Das Jagdish Chander v. Delhi Administration and another, 1975 (I) F.A.C. 259 .;