AJAY KUMAR KHETAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) (Passed on 19th March, 2012) (Petition under Section 482 of the Cr.P.C.) By this petition under Section 482 of the Cr.P.C. the petitioner has prayed for quashment of criminal proceeding pending before the Judicial Magistrate First Class, Raipur, in Criminal Case No.179/2001 for the offence punishable under Section 7 (ii) of the Prevention of Food Adulteration Act, 1954 (for short `the Act, 1954') read with Rule 32 (c) (i) of the Prevention of Food Adulteration Rules, 1955 (for short `Rules, 1955).

(2.) AS per undisputed facts of the case, the present petitioner was found in possession of food (Lahar Pepsi) manufactured by C.G. Beverages Pvt.Ltd., Raipur which was holding the petitioner for sale. Same was purchased by Food Inspector. Address of manufacturer company on the bottle was written as C.G. Beverages Pvt.Ltd., Raipur. No detail description of the address has been mentioned in the bottle. Finally complaint was lodged against the present petitioner and M/s. C.G. Beverages Pvt.Ltd., Raipur, nominee of such company.

(3.) LEARNED counsel for the petitioner placed reliance in the matter of M/s.Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others reported in 1998 CRI.L.J.1, in which the Supreme Court has held that in absence of any material showing appellant-accused were manufacturer or holding license for manufacture of offending beverage i.e. Lahar Pepsi, criminal proceeding is liable to be quashed under Section 482 of the Cr.P.C.