Ravi Nath Verma, J. - (1.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner has questioned the legality of the impugned order dated 10.3.2008 passed by the Chief Judicial Magistrate, Ranchi whereby the learned court below has taken cognizance of under Sec. 16A of the Prevention of Food Adulteration Act, 1954 (in short "the Act") against this petitioner and the entire proceeding of the case bearing No. C/IV -28 of 2008. On the basis of the prosecution report of Civil Surgeon -cum -Chief Medical Officer, Ranchi dated 7.3.2008 as addressed to the Chief Judicial Magistrate, Ranchi, C/IV Case No. 28 of 2008 was instituted on the allegation that on 24.11.2007, at about 2:30 p.m., the Food Inspector, Hazaribagh raided the premises of the petitioners namely M/s. Jajodia Flour Mills, Industrial Area, Namkum, Ranchi and from the premises of the said Agency, sample of 'Chana -Besan' was taken and the sample was subsequently found as misbranded by the Public Analyst of MADA, Dhanbad as the same was not labelled in accordance with the Rule 32 of the P.F.A. Rules, 1955.
(2.) The learned Chief Judicial Magistrate after going through the prosecution report took cognizance of the offence as indicated above. Hence, this petition for quashing of the order taking cognizance.
(3.) It appears from the record that the Public Analyst of MADA, Dhanbad after analyzing the sample reported about the "misbranding" of the product as the same was not labelled in consonance with the requirements of Rule 32 of P.F.A. Rules.;