1. - This petition under Section 482 Cr.P.C. has been filed by the accused petitioner for quashing proceedings of criminal case No. 159/98 (108/95) pending in the Court of Additional Chief Judicial Magistrate, Makrana under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act of 1954).

2. It arises in the following circumstances:

(i) That on 9.10.1986 P.W.1 Jagdish Vyas, Food Inspector filed a complaint (Ex.P/9) against the accused petitioner in the court of Additional Chief Judicial Magistrate Parbatsar stating that on 17.8.1986 at about 10 a.m. he inspected the milk which was being sold by the accused petitioner in Makrana Municipal Area and he purchased 660 ml. Milk @ Rs. 3 per kg. and paid a sum of As. 2.25 to the petitioner and after completing all the formalities, the milk was sent for analysis to the State. Laboratory and the milk was found to be adulterated. Hence, the complaint (Ex.P/9) was filed under Section 16 of the Act of 1954.

(ii) That an application under Section 13(2) of the Act of 1954 was filed by the accused petitioner on 18.10.1986 with a prayer that one of the samples be got tested from Central Food Laboratory