ORDER

Dhirendra Mishra, J.—This petition under Section 482 of Cr.P.C. for quashing of the Complaint Case No. 963/2000 pending in the Court of Chief Judicial Magistrate, Jashpur for offence punishable under Section 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short, hereinafter referred to as the Act) has been filed by the petitioner on the ground that the petitioner has been denied of his right under Section 13(2) of the Act of getting the sample of the food article analyzed by the Central Food Laboratory.

2. Briefly stated the facts necessary for adjudication of this case are that the respondent No.2 the Food Inspector lifted a sample of Milkana Anik Ghee on 31st March 2000 from the shop of accused Ramesh Chandra Gupta, proprietor of firm Annapurna Bhandar, Duldula and sent the same for analysis to Public Analyst, Bhopal on 1.4.2000. The sample of the pure Ghee was packed in a sealed container and the same was manufactured by Hindustan Lever Limited. The petitioner accused is nominee of the Hindustan Lever Limited. Accused No.1 expressed that he purchased the food article from M/s Ramdhan Agrawal, however no purchase bill was produced by him even then intimation of sampling was sent to M/s Ramdhan Agrawal, Patthalgaon also, however, he also did not furnish any information. The Public Analyst vide his report dated 10.5.2000, informed the Local Health Authority, Raigarh that the sample of Milkana Anik Pure Ghee does not conform to the standard. After obtaining sanction from the competent authority, a complaint was filed on 20.7.2000 against the accused persons after sending registered notices dated 5.7.2000 to the accused persons, informing them that the food sample was found adulterated by the Public Analyst, complaint is to be filed on 20.7.2000 in the Court of C.J.M. and if they are unsatisfied with the report of the Public Analyst, they can get the sample analyzed through the Central Food Laboratory by filing an application for sending the second food sample to the Central Food Laboratory for analysis.

3. On 20.7.2000, accused Ramesh Chandra Gupta appeared before the Chief Judicial Magistrate and furnished bail, however the applicant did not appear despite service of summons and, therefore, bailable warrant was issued against him. On 8.8.2000 on application under Section 13(2) of the Act of the accused Ramesh Chandra Gupta, it was directed that second sample of the Food Article be sent for Analysis to Central Food Laboratory, Gaziabad on accused depositing expenses of Rs.1,000. The Central Food Laboratory, Gaziabad returned the memo dated 17.8.2000 and draft of Rs.1,000 and communicated that as per notification No.240 (E) dated 5.4.1999, the sample received from the State of Madhya Pradesh is to be analyzed by the Central Food Laboratory, Mysore. The trial Court on 17.7 .2002 directed the accused to revalidate the draft as validity of the draft had expired. The above order was further reiterated on 30.6.2003. On 8.11.2005, the defence was directed to take necessary steps so that the second sample may be sent for analysis to Central Food Laboratory, Calcutta. On this date, the trial of the accused No.2 was separated and he was declared absconder and permanent warrant of arrest was issued against him. On 4.1.2006, accused Ramesh Chandra Gupta filed an application under Section 19(2) of the Act mentioning therein that he had purchased the food article from M/s Ramdhan Agrawal through cash memo and the cash memo contained warranty. After recording the statement of the accused, the trial Court allowed the application and discharged the accused Ramesh Chandra Gupta on 9.3.2006.

4. Learned counsel for the petitioner submitted that the sample was lifted on 31.3.2000 and the food article is Anik Pure Ghee, a milk product. Quality of the milk product deteriorates with time. On the application of accused Ramesh Chandra Gupta, second sample of the food article was sent for analysis to Central Food Laboratory, Gaziab