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MADHYA PRADESH HIGH COURT
G. S. Ahluwalia, J.
Mukesh Kumar Gupta v. State of Madhya Pradesh and Ors
| Table of Content |
|---|
| 1. introduction and basis for the complaint. (Para 1 , 2) |
| 2. contention on laboratory accreditation and testing standards. (Para 3 , 4) |
| 3. court observations on testing validity and prosecutorial discretion. (Para 6 , 7 , 8 , 9) |
| 4. final decision on the petition's merit and trial directive. (Para 10 , 11) |
1.This petition under S.482 of CrPC has been filed for quashing the complaint filed by the Food Safety Officer against the applicant for offences under S.26, S.27 & S.51 of the Food Safety and Standards Act, 2006 (in short 'FSS Act 2006').
2.The necessary facts for the disposal of the present petition in short are that the Food Safety Officer had taken a sample of coriander powder on 15.12.2011 and the said food article was sent for chemical analysis to State Food Testing Laboratory, Bhopal. A report dated 30.12.2011 from the State Food Testing Laboratory, Bhopal was received, according to which, the sample was found to be of sub-standard quality. Accordingly, after completing the formalities, the complaint was filed.
3. It is submitted by the counsel for the applicant that total ash (on dry) in the coriander powder was found 7.5% whereas the standard prescribed is 7%
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