A Public Analyst's report must provide clear evidence to support claims of food adulteration; ambiguous findings do not warrant prosecution.

1. In this petition under S.482 the Code of Criminal Procedure read with Art.227 of the Constitution of India, the petitioner seeks quashing of the complaint and other resultant proceedings ensuing there form, presently pending in the Court of Chief Judicial Magistrate, Shimla, under S.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 kutti 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). Panchanama with respect to the pur chase and seizure memo etc. were prepared at the spot in the presence of the said witnesses.

3. On further inquiry, Diwan Chand aforesaid discloses 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 petitioner's 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 coaltar dye of red shade as an admixture whereas chillies powder should be free from 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 there form.

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 KUTI RAM SPICES LOT No. 13 DATE OF PACKING 13-12-91 DATE OF EXPIRY 12-6-92 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. Chilies structure seen.
Moisture = 9.10% by weight
Tot