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1998 Supreme(All) 307

G.P.MATHUR
R K TRADING COMPANY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.C.Saxena, Manoj Prasad, Vinod Prasad,

G. P. MATHUR, J.

This petition under Section 482 Cr. P. C. has been filed for quashing the proceedings against the ap plicant in Criminal Case No. 462 of 1980 which is pending in the Court of Munsif Magistrate, Ghazipur. The Food Inspec tor, Ghazipur filed a Criminal Complaint alleging that he purchased Mustard Oil from a sealed tin from the shop of Paras Nath on 17-12-1979. At the time of taking of sample Paras Nath informed that he had purchased the tin from M/s. R. K. Trading Company K-47/344 Bisheshwarganj, Varanasi vide Bill No. 45388 on 13-12-1979 and the cash memo was also given by him. The Sample was sent for analysis and according to the report dated 27-11-1980 of the Public Analyst to U. P. Government it did not conform to the prescribed stand ard and was thus adulterated. In the com plaint, Paras Nath from whose shop the sample was taken and also the Prop, of M/s. R. K. Trading Company, K. 47/344 Bishewshwargani, Varanasi were arrayed as accused. Shri Vinod Prasad, learned Counsel for the applicant has submitted that the sample was taken from the shop of Paras Nath which is situate in Nandganj Bazar in the district of Ghazipur while the applicant M/s. R. K. Trading Compa














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