Order

When we dismissed the Special Leave Petition on 5.11.1998 we also said that reasons of such dismissal will follow. Accordingly we state our reasons hereunder :

2. Special leave petition has been filed by the Calcutta Municipal Corporation against an order of a Single Judge of the High Court of Calcutta quashing a prosecution proceeding pending against the re­spondent for offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short “the Act”). The aforesaid proceedings were initiated in the following background:-

3. On 19.7.1989 a Food Inspector of the Corporation of Calcutta took sample of compounded Asafoetida from the shop of the respondent. When one of the parts of the sample was sent to the Public Analyst, Calcut­ta it was analysed and found to be adulterated as it did not conform to the standard prescribed for that food article and hence report was forwarded to the Local Health Authority. A complaint was thereafter filed against the respondent before the Magistrate Court concerned for the aforesaid offence. When respondent entered appearance he made an application to the court for sending one of the remaining parts of the