JUDGMENT

B.K. Patel, J.— In both the applications under Section 482 of the Criminal Procedure Code, 1973 (for short ‘the Cr, P.C.’) the petitioners have made prayer to quash the order dated 13.6.2002 passed by the learned S.D.J,M., Bhawanipatna taking cognizance of offence punishable under Section 16(1)(a)(i) Prevention of Food Adulteration Act, 1954 (for short, ‘the Act’) as well as the criminal proceeding in 2(c) C.C. No.18 of 2002 now pending in the file of learned J.M.F.C. Bhawanipatna.

2. The criminal proceeding was initiated against the petitioners and another upon receipt of prosecution report submitted by the Food Inspector, Kalahandi. It appears that the Food Inspector inspected the Wholesale Agency of co-accused Prakash Jain who figures as accused No.1. On verification the Food Inspector suspected Everest brand ‘Turmeric Powder’, ‘Chilly Powder’, and ‘Sabji Masala’ manufactured by the petitioner in CRLMC No.796 of 2004 who figures as accused No.3 and supplied to the accused no.1 by the petitioner in CRLMC No.255 of 2004 who figures as accused no.2 to be adulterated. He made statutory purchase of packages of each of the items in packed condition and sent sample package of