Hari Chand vs State of Punjab

G.S. Chahal, J. (Oral)

Hari Chand Petitioner by means of this petition under section 482 Cr.P.C. read with Articles 227 of the Constitution of India seeks quashing of complaint Annexure P2 and chargesheet Annexure M.

Peitioner is being prosecuted on the allegations that Shri R.C. Garg, Food Inspector visited the premises of the petitioner on 30th January, 1988, and after serving notice in form VI of the Act Purchased it sample of sweet known as gajarpak. It was divided into three equal parts and was duly sealed and one of the sample was sent to the Public Analyst, who certified that the same, contained aluminium foil and as such it was adulterated.

At the request of the petitioner, the second sample was sent to the Central Food Laboratory which certified that the sample did not containaluminium foil.

Under the provisions of section 13(3) of he Prevention of Food Adulteration Act certificate issued by the Director, Central Food Laboratory supersedes the report given by the Public Analyst and under the proviso to subsection 5 JUDGMENT 13 of the Act. certificate issued by the Director shall be final and conclusive evidence of the facts stated therein. In view of this provision the sample cannot be stated to contain aluminium foil and as such the prosecution on the basis of the complaint cannot end in conviction I thus accept the petition and quash the complaint Annexure P2 and charge sheet Annexure P3 and all consequent proceedings.