Research › Search › Judgment

Uttarakhand High Court · body

2019 DIGILAW 564 (UTT)

Goyal Veg Oils Limited v. State of Uttarakhand

2019-11-06

R.C.KHULBE

body2019
JUDGMENT : R.C. Khulbe, J. The applicant has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for quashing the impugned order dated 29.07.2019 passed by the Sessions Judge, Almora in Criminal Revision No. 12 of 2019, M/s Goyal Veg Oils Ltd. Vs State of Uttarakhand & others as well as impugned order dated 13.02.2019 passed by the Chief Judicial Magistrate, Almora in Criminal Case No. 191 of 2019, State vs. Pradeep Kumar & others. 2. Facts, to the limited extent necessary, are that the complaint filed by respondent no.2- Food Safety Officer, Almora against the present applicant and others before the Chief Judicial Magistrate, Almora under the Food Safety and Standards Act 2006, which was registered; accordingly cognizance was taken on 27.02.2019. Aggrieved by this order the applicant filed Criminal Revision No. 12 of 2019 before the Sessions Judge, Almora; after hearing both the parties the said revision was dismissed on 29.07.2019. 3. Aggrieved by both these orders, the present application has been filed under Section 482 Cr.P.C. for quashing both the aforesaid orders. 4. Heard learned counsel for the parties. 5. The Food Safety Officer reached at the place M/s Mamraj Vinod Kumar on 24.02.2018 at about 4:00 PM and after adopting the procedure, as per Rules and Regulations took the sample of mustard oil (Jyoti Kiran). After taking sample, one of the samples was sent to Food Analyst, State Food and Drugs laboratory, Kiccha Road, Rudrapur, U.S. Nagar. The report was found negative. Aggrieved by it the second sample was sent to the Referral Laboratory, Kolkata, the same is taken on record. 6. As per the report submitted by the Referral Laboratory Kolkata, Bellier Turbidity Temp Test (Acetic Acid Method) (0C) was found 30.20C', while prescribed standard was 23-27.50C' while the Allyl Isothiocyanate (ppm) was found 615.15ppm', while the prescribed standard was 'absent'. 7. It is argued by learned counsel for the applicant that the sample was taken on 24.02.2018; at the relevant time, for mustard oil, no standard for Allyl Isothiocyanate was prescribed, neither in the Rule nor in the Regulation. In this regard, the Central Government has issued new regulations on 19.11.2018. As per the new regulations the minimum Allyl Isothiocyanate is 2000 ppm, which shows that on the date of incident i.e. 24.02.2018, no standard was prescribed for Allyl Isothiocyanate. In this regard, the Central Government has issued new regulations on 19.11.2018. As per the new regulations the minimum Allyl Isothiocyanate is 2000 ppm, which shows that on the date of incident i.e. 24.02.2018, no standard was prescribed for Allyl Isothiocyanate. In these circumstances the accused cannot be punished for the same. 8. As regards the Bellier Turbidity Temp Test (Acetic Acid Method) (0C) is concerned 30.20C' was found against the prescribed standard 23-27.50C' by the Referral Laboratory Kolkata, which comes under the sub-standard category; these type of offences can be compounded before the Adjudicating Authority/ADM. 9. It is informed by learned counsel for the applicant that in the present matter no evidence was adduced on behalf of the complainant till yet. 10. Since no evidence was recorded on behalf of the complainant, hence the accused has a right to move an application before the concerned court for discharging the same. 11. In these circumstances, the present application filed under Section 482 Cr.P.C. is finally disposed of with the direction that, in case the applicant moves such an application before the trial court, the trial court will decide the same, as per the law, within a period of one month from the date of submission of such an application. 12. Pending applications, if any, stand disposed of.