Lakshman Uraon, J. - (1.) This is an application under Section 482, Cr PC praying therein to quash the order dated 14.12.2001, whereby, cognizance has been taken against this petitioner under Section 16 (l)(a) of the Prevention of Food Adulteration Act, 1954 passed in Case No. 185 (sic) B of 2001, pending in the Court SDJM Khunti.
(2.) The allegation as the prosecution-report is that the Food Inspector, Ranchi, on 2.6.2000 went to the shop of this petitioner and want to purchase some turmeric (Haldi) for chemical test which was refused violating Section 16 (l)(a)(d) of the Prevention of Food Adulteration Act, 1954. Accordingly, the Civil Surgeon-cum-Chief Medical Officer, Ranchi submitted prosecution-report and on receipt of the said report the ACJM Khunti in a printed form filling-up the blank portion took cognizance of the offence under Section 16 (l)(a)(d) of the Prevention of Food Adulteration Act and transferred it to the file of V.K. Sharma, SDJM Khunti for disposal.
(3.) The learned counsel for the petitioner has submitted that the prosecution was lodged without any basis. It was alleged only due to some vested interest of the food inspector he has been made accused. The occurrence took place on 2.6.2000 but the prosecution-report was submitted after three months and cognizance was taken on 4.12.2001 i.e. after more than one and half years. In this case the prosecution-report itself is clear that the sole witness is Ansar Ahmad, peon of the civil surgeon office, Ranchi in whose presence the Inspector intended to purchase Haldi.;