Ravi Nath Verma,J. - (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner has questioned the legality of the impugned order dated 13.05.2007 passed by the Chief Judicial Magistrate, Jamshedpur whereby the learned court below has taken cognizance of offence under Sections 16 (1) (a) of the prevention of Food Adulteration Act, 1954 (in short "the Act") against this petitioner.
(2.) On the basis of the prosecution report of Civil Surgeon-cum-Chief Medical Officer, Jamshedpur dated 10.05.2007 addressed to the Chief Judicial Magistrate, Jamshedpur, Complaint Case bearing C/2 Case no. 1760 of 2007 was instituted on the allegation that on 12.03.2007 at about 4:30 p.m., the Food Inspector of Jamshedpur conducted raid in the premises of M/s. Sonia Agency at Purulia Road, Mango, Jamshedpur and from the premises of the said Agency, sample of "Papad" was taken, which was manufactured by Sunrise Spices Limited, Bilaspur, Rajasthan of which the petitioner was the Managing Director and the sample was subsequently found as "misbranded" by the Public Analyst Sri S. Sharma of MADA, Dhanbad.
(3.) 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.;