- (1.) This application has been filed for quashing the order dated 22.9.2009 passed by Sub Divisional Judicial Magistrate, Ranchi in case No. C-Iv/13/2009 whereby he took cognizance under Section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act against the petitioner and issued summon for his appearance. It appears that on 3.6.2009 sample of three items, namely, Cadbury Bournvita, Cadbury Dairy Milk Chocolate and Cadbury 5 Star Chocolate seized by the Food Inspector, from the shop of M/s Surekha Distributors, Mangal Bhawan. Ashok Puram. Ashok Nagar, Ranchi. The samples of all the aforesaid items sent for examination by the State Public Analyst under the provision of Prevention of Food Adulteration Act.
(2.) It appears that State Public Analyst on examination of 5 Star Chocolate concluded that the same is filled chocolate and it does not conform to the prescribed standard of quality laid down under the Prevention of Food Adulteration Rules, 1955, due to presence of hydrogenated vegetable fats, hence adulterated.
(3.) After submission of aforesaid report of analyst, learned SDJM took cognizance of the offence under Section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act vide order dated 22.9,2009 and issued summons. Aforesaid order challenged in this application.;