M. S. A. Siddiqui, J.

( 1 ) BY this petition under section 482 Cr. P. C. , the petitioner seeks quashing of the criminal proceedings emanating from the complaint filed by the food Inspector under Sections 7/16 of the Prevention of Food Adulteration Act (for short "the Act" ).

( 2 ) BRIEFLY stated, the facts giving rise to this petition are that on 30. 10. 1988, Shri S. P. Gupta, Food Inspector purchased the sample laddoos from the petitioner for analysis. At that time, the laddoos were stored in an open tray, for sale. The public analyst, to whom one of the three samples, which were prepared in conformity with the provisions of the Act and Rules framed thereunder, was sent, declared the sample as conforming to the prescribed standard but added that the permitted coaltar colour (tatrazine) was present therein. The presence of colour without a label declaration amounts to misbranding under Section 2 (ix) (j) of the Act and so the petitioner was prosecuted for the offences punishable under Sections 7/16 of the Act for contravening the provisions of Rules 24 and 32 of the Rules framed under the Act. On the complaint being filed, the learned Magistrate framed a charge under sections 7/1

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