- (1.) MR.Abnikant Prasad, learned A.P.P submits that in spite of intimation being given to the Civil Surgeon-cum-Chief Medical Officer, Ranchi for filing counter affidavit, he never responded to it and thereby counter affidavit could not be filed.
(2.) SINCE the matter is quite old one, heard learned counsel appearing for the petitioners and the State on its merit. This application has been filed for quashing of the entire criminal proceeding of Complaint Case bearing no.C-IV 06 of 2008 including the order dated 5.1.2008 whereby and whereunder cognizance of the offence punishable under Section 16(1)a(i)(ii) of the Prevention of Food Adulteration Act has been taken against the petitioners. The prosecution report was submitted by the Civil Surgeon-cum-Chief Medical Officer, Ranchi alleging therein that sample collected of 'Everest Tomato Sauce' on 24.11.2007 from the factory premises of M/s. D.B.Food's 8J, Namkum Industrial Area, Ranchi to which the petitioners are the partners, was sent for its analysis before the Analyst of Mineral Area Development Authority (MADA).
(3.) HAVING analyzed the sample, Analyst did report about the mis-branding of the product as date of manufacturing was not there over the label of the product which is in violation of Rule 3 of the Prevention of Food Adulteration Rules, 1955. On such allegation, complaint was lodged, upon which cognizance of the offence punishable under Section 16(1)a(i)(ii) of the Prevention of Food Adulteration Act was taken against the petitioners. Entire prosecution including the order taking cognizance is being challenged on the ground that the person who analyzed the sample had never been notified as the Pubic Analyst in the Official Gazette as required under Section 8 of the Prevention of Food Adulteration Act .;