VIMAL SINGH S/O. RAMACHANDJI, NOMINEE M/S HALDIRAMS FOODS INTERNATIONAL LTD. 880, SMALL INDUSTRIAL ESTATE BANDRA ROAD, NAGPUR REP BY NOMINEE SRI VIMAL SINGH S/O. RAMACHANDJI, NOMINEE Vs. THE STATE OF KARNATAKA BY TALUK HEALTH OFFICER CHIKKANAYAK

JUDGEMENT

(1.) THE Food Inspector of Chikkanayakanahalli seized the packed food from the bakery of first accused in Chikkanayakanahalli and sent it for analysis. After analysis, it was found that the food was not only unfit for human consumption but also contained cockroach excreta. Therefore, the Officer authorised in terms of the notification dated 4.9.2003, initiated complaint under Section 200 Cr.P.C. The learned trial Judge, took cognizance and issued summons to the accused. Therefore the accused is before this Court.

(2.) THE learned Counsel appearing for petitioner submits that tot accused is not a licensed food vendor. Therefore, second accused cannot be held responsible for the food articles, seized from the bakery of first accused. The learned Counsel would further submit that the Food Inspector, who seized the food article is not the Authorised Officer.

(3.) THE Food Inspector has seized the food product manufactured and sealed by M/s.Haldirams Foods International Limited. It was being sold by first accused. After analysis, it was found that the food article was not only unfit for human consumption but also contained cockroach excreta. Therefore, it is not possible to hold that allegations made against petitioner do not constitute any offence and the petitioner cannot be prosecuted for an offence under Section 7 of the Food Adulteration Act.