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2018 Supreme(Raj) 1896

SANDEEP MEHTA
Dilip Maheshwari – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
A.A Bhansali, M.S Panwar, Advocates for the appearing parties.

JUDGMENT

Sandeep Mehta, J —By way of this petition under Section 482 Cr.P.C., the petitioner Dilip Maheshwari has approached this Court seeking quashing of entire proceedings of the criminal case No.282/2006 pending against him in the Court of the learned Chief Judicial Magistrate, Jodhpur Metropolitan for the offence under Section 7/16 of the Prevention of Food Adulteration Act.

2. Brief facts relevant and essential for disposal of the petition are noted hereinbelow:

    The petitioner is a vendor of food articles. He runs his business in the name and style of M/s. Rameshwar Enterprises. The Food Inspector collected samples of 'Avin' Brand ghee cartons of 1 Ltr. each from the petitioner's shop on 23.06.2003 after paying the requisite cost. One carton of ghee was forwarded in a sealed condition to the Public Analyst on 28.06.2003 from where a report dated 28.07.2003 was received with an opinion that the sample of ghee did not meet the standards as per the Appendix of the P.F.A. Act and was also misbranded. The Food Inspector sought permission to prosecute the petitioner which was granted by the competent authority on 26.06.2006. The complaint came to be filed on 20.07.2006. The trial co

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