D. P. Sood, J.—In this petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioner seeks quashing of the complaint and other resultant proceedings ensuing therefrom, presently pending in the Court of Chief Judicial Magistrate, Shimla, under section 16 (1) (A) (i) of the Prevention of Food Adulteration Act, 1954 (shortly hereinafter referred to as the "Act").

2. On May 30, 1992 at about 11.15 a.m., Shri B. L. Justa, Food Inspector, visited the shop of M/s. Diwan Chand Surinder Kumar located at Totu. He disclosed his identity and then purchased six packets of mirch kuiti each weighing about 100 grams against cash payment of Rs. 30 as a sample for analysis out of 2 kgs. packet having 20 small packets, each weighing 100 grams. Shri Diwan Chand of the aforesaid firm was conducting the business at the material time. The aforesaid commodity was kept in the shop for sale to the general public. After purchasing the article and observing the codal formalities, the aforesaid sample packets were put into three neat, clean and dry packets, labelled, wrapped into a thick paper and a paper slip bearing Code and Serial Number of Local Health Authority, Shimla-S-1/2861, was affixed with gum from bottom to top of each packet and then duly signed by the Local Health, Shimla. The signatures of the accused were taken in such a manner that it not only covered the paper slip but also its wrapper. The packets were fastened with strong thread and sealed with sealing wax and four seal impressions were put on each packet and all the knots thereof were covered with seal in the presence of S/Sh. Gopal Singh and Hem Raj (Peon). Panchnama with respect to the purchase and seizure memo etc. were prepared at the spot in the presence of the said witnesses.

3. On further inquiry, Diwan Chand aforesaid disclosed to have purchased the above said articles from the petitioner vide bill No. 1588, dated 20-12-1991. Resultantly, a notice was also sent to the petitioners firm by the Food Inspector. One part of the sample was analysed by Public Analyst, Punjab at Chandigarh by sending the same after observing codal formalities as per rule. The Public Analyst vide his report dated July 2, 1992 found the contents of the sample containing a non-permitted oil soluble collator dye of red shade as an admixture whereas chillies powder should be free 6om added colouring matter. Thus, contents of the sample were found to be adulterated. Accordingly, the three accused, namely, Diwan Chand, his firm M/s. Diwan Chand Surinder Kumar and the petitioners were prosecuted through the complaint in question filed by the Food Inspector on 30th October, 1992.

4. The petitioners alone have assailed their prosecution in the instant case by praying for quashing of the complaint and other resultant proceedings ensuing therefrom.

5. Admittedly, firm M/s. Diwan Chand Surinder Kumar had displayed for sale packets of "Mirch Kutti" each weighing 100 grams which contained a colouring agent. The sample purchased from him by the Food Inspector is sent to the Public Analyst brought about the following analysis: "I further certify that I have caused to be analysed the aforementioned sample and declare the result of the analysis to be as follows:— Description.—The contents of the sample received in the sealed packets each printed as Mirch Kutti Ram Spices Lot No. 13 Date of Packing 13-12-1991 Date of Expiry 12-6-1992 Max. Retail Price Rs. 6.00 including of all taxes. Net Weight 100 gms when packed Raj Traders 1002 Industrial Area Chandigarh. Macro and Micro analysis = No insect detected. No mound growth. No iron filing detected. Chillies structure seen. Moisture » 9.10% by weight Total ash = 6.78% by weight Ash Insoluble in dilute Hcl = 0.70% by weight Crude-Fibre = 21.04% by weight. Non-volatile Ether Extract = 14.3% by weight. Added colour=A red oil soluble coaltar dye detected by wool dyeing, silk dyeing and by paper chromatography