JUDGMENT 1. - This application under Section 482 Cr.P.C. has been filed with a prayer that the order of the Chief Judicial Magistrate Tonk, dated 24th September, 1983, be set aside whereby he has refused to drop the proceedings against the petitioners for offence under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act"). 2. Brief facts giving rise to this compliant against the petitioners is that the petitioners purchased 390 tins of groundnut oil from M/s Sarswati Oil Mills, Niwai. These tins were being transported in Trunk No. RJD 5215 from Niwai to Kota. Soon after the truck started from the mill site and was parked opposite the Government Hospital even prior to crossing the octroi post, it was checked by Food Inspector, Shri Ram Pal Singh. Driver informed that the oil has been loaded from M/s Sarswati Oil Mills by one Lalchand who was called on the spot. Lalchand stated that he had purchased it on behalf of M/s Garg and Company from M/s Sarswati Oil Mills and bearing trade mark Ganesh Brand Sudh Moongphali Ka Tel'. The Food Inspector obtained a sample from one of the tins which was sealed with the seal of the company and the same was sent for analysis. The Public Health Laboratory found it to be adulterated as it did not conform the prescribed standard. Shri Ram Pal Singh, Food Inspector, filed complaint against Lalchand and Firm Tirath Kirana Store, its all partners, M/s Garg and Company and all its partners. It is pertinent to mention that all these persons are the consignees. all these accused appeared before the learned Chief Judicial Magistrate. Tonk and moved an application for dropping the proceedings on the ground that the goods had not reached them and all the tins bore the seal of the oil mill where the oil was extracted. They submitted that their goods could not be worse than the warrantee holder. 3. Looking to the gravity of the allegations notices were issued to the Food Inspector, Ram Pal Singh and the Local Health Authority. Ram Pal Singh assured that reply would be filed to the show cause notice and he has already passed it over to the Govt. They submitted that their goods could not be worse than the warrantee holder. 3. Looking to the gravity of the allegations notices were issued to the Food Inspector, Ram Pal Singh and the Local Health Authority. Ram Pal Singh assured that reply would be filed to the show cause notice and he has already passed it over to the Govt. Advocate, but till now neither reply has been filed in the court nor Ram Pal Singh appeared after making a statement nor the Local Health Authority cared to respond to the notice. Learned Public Prosecutor has submitted that no instructions have been received in their office from either of these two functionaries. In these circumstances, I am constrained to decide this case on whatever material is available on record. 4. It is borne out from the perusal of the complaint and the entire record which has been summoned that Truck RJD 5215 was checked while it was standing on the road near Government Hospital and that it was given to understand by Lalchand on the spot that all the oil tins have been loaded from M/s Sarswati Oil Mills and the tins bore the seal of the said Mill. It is also borne out from the document prepared on the spot that the tin from which the sample was obtained was Ganesh Brand manufactured by M/s Sarswati Oil Mills. The bill had also been produced before the Food Inspector. In these circumstances technically the goods belong to the accused persons but it never came in their physical possession so as to infer that any adulteration might have been done on their part. Truck had been checked and the goods checked soon after its leaving the mill premises and, therefore, the case of the petitioners cannot be worse than warrantee holder. They had been found to be in a sealed condition bearing the seal of the Mill where the oil had been extracted and obviously in my opinion the petitioners cannot be prosecuted for the offence under Section 7/16 of the Act. They had been found to be in a sealed condition bearing the seal of the Mill where the oil had been extracted and obviously in my opinion the petitioners cannot be prosecuted for the offence under Section 7/16 of the Act. It may also be mentioned here that the petitioners had even a right to take defence that goods have been purchased from the Company and they were in the same conditions in which they had been purchased and they would have been exonerated the offence and of company would have been substituted subsequently as the accused instead of going into all those formalities if straight of the evidence is available to indicate that goods were checked and found adulterated as soon as they were out from the Mill it would be futile exercise and abuse of the process of the court to drag the purchasers who never came in physical possession of the goods in their shop to try in the case. In fact under the circumstances what was essential for the Food Inspector was to have immediately rushed to the Mill and checked the oil inside the Mill premises so that the entire batch could be even confiscated and the manufacturer who was responsible for manufacturing the adulterated oil could be severely dealt with. Be that as it may. I find no case against the petitioners and hold that the proceedings against them deserve to be quashed. 5. The result of the aforesaid discussion is that this application is allowed and the proceedings pending in the court of learned Chief Judicial Magistrate, Tonk against the petitioners are quashed. The proceedings against Shri Ratanlal, Proprietor of the Saraswati Oil Mill shall however, continue in accordance with law. Before parting with the case I would like to observe that both, the Food Inspector Shri Rampal Singh and Local Health Authority have shown dereliction of their duties in not attending this court to persuade the case and they have also shown their inaction for reasons best known not to check the goods at the Factory/Mill when the sample from a bulk of 390 tins loaded in the truck was found adulterated. Copy of the order shall be sent to the Director, Local Bodies.Application allowed. *******