HINDUSTAN LEVER LTD Vs. STATE OF C G

JUDGEMENT

(1.) By this petition under Section 482 of the CrPC, the petitioner has prayed for quashment of criminal proceeding pending before the Court of Judicial Magistrate First Class, Balod in Criminal Complaint Case No. 14/2009 for the offence punishable under Section 16(1)(a)(i), 16 (1) (a) (ii) and 16 (1) (c) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act'). I have heard learned Counsel for the parties, perused copy of the complaint, copies of order sheets and copies of other documents.

(2.) As per case of the prosecution, the Food Inspector has purchased coconut oil manufactured by the petitioner on 27-8-2005 and after complying with the procedure prescribed, sample has been sent for analysis to the Public Analyst and as per report of the Public Analyst dated 13-10-2005, coconut oil was found adulterated. Complaint was filed on 17-11-2008 i.e. after lapse of more than three years from the date of taking sample.

(3.) Learned Senior Advocate appearing on behalf of the petitioner submitted that specific fact has been mentioned in the packet that best before 15 months of manufacture. Complaint has been lodged after more than three years of date of taking sample. Therefore, after lapse of 15 months, even from the date of taking sample, the food was not fit for analysis and the accused is deprived from its valuable right of analyzing the sample from the Central Food Laboratory.