VINAY HEGDE Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) BY this petition under section 482 of the Criminal Procedure Code, the petitioner has prayed for quashment of criminal proceeding pending before the Court of Additional Chief Judicial Magistrate, Raipur in Criminal Complaint Case No. 1234/2010 for the offence punishable under section 7(ii) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') read with Rule 42(S) of the Prevention of Food Adulteration Rules, 1955 (for short 'the Rules'), section 7(v) of the Act read with Rule 12 -A of the Rules, sections 16(1)(a)(i) and (ii) of the Act. I have heard learned counsel for the parties, perused copy of the complaint, copies of other material filed along with the complaint and the Food Adulteration Report.

(2.) AS per undisputed facts of the case, respondent No. 5 Firm M/s Indonesian Foods Ltd. is manufacturer of the food article Top Ramen Smoodles, the petitioner is Manager of respondent No. 3 i.e. Firm M/s Brooke Bond Lipton Ltd. who is purchaser of the alleged food article from respondent No. 5 for selling and has sold the article through its local seller respondent No. 2. The Food Inspector has purchased the food article from respondent No. 2 in accordance with the prescribed procedure and thereafter, it has been sent for analysis. As per report of the Public Analyst, Test for Monosodium Glutamate is positive, the article was adulterated as misbranded in terms of section 2(ix)(k) of the Act read with Rule 42(S) of the Rules. After complying with the procedure, prosecution has been launched against the petitioner.

(3.) LEARNED Senior Advocate placed reliance in the matter of C.L. Yadav and another vs. State of Madhya Pradesh and another, : 2007 (1) FAC 357, in which the Madhya Pradesh High Court has held that in absence of any material to show that it has been added, mere presence of MSG which is natural and found primarily in the food article, continuance of prosecution under the provisions of the Act for violation of Rule 42(S) of the Rules is not sustainable under the law.