ANIL KUMAR AND ANR. Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing of complaint and other resultant orders and proceedings pending in the court of Chief Judicial Magistrate, Shimla under the Prevention of Food Adulteration Act, 1954 (hereinafter to be called as the Act).

(2.) The facts giving rise to the present petition are that Food Inspector, Shimla on 29th May, 1981 took a sample of 'Atta' from Sh. Amrit Lai, and as per procedure one of the parts of the sample was sent to Public Analyst for analysis. The Public Analyst reported that the contents of the sample contained eight living insects, and as such, the sample was unfit for human consumption. Thereafter, a joint complaint was preferred against Amrit Lai and M/s Siri Ram Om Parkash, commission agents in the court of Chief Judicial Magistrate, Shimla, and during the pendency of that complaint M/s Siri Ram Om Parkash with the permission of the court got sent the retained sample to the Director, Central Food Laboratory, who opined that there were three living insects and seven dead insects and 11 dead insects larva present in the sample. He also opined that the Alcoholic acidity was above the maximum prescribed limit. According to the Director, the alcoholic acidity was, however, subject to increase from the date of drawl of sample and its ultimate analysis in the laboratory.

(3.) M/s Siri Ram Om Parkash, Commission Agents, who were arrayed as accused, preferred an application under Sec. 20 -A of the Act and on the basis of this application, M/s Madan Flour Mill, was also arrayed as one of the accused.