HINDUSTAN LEVER LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') is for quashment of criminal proceeding pending before the Court of Judicial Magistrate First Class, Raipur in Criminal Complaint Case No. 511/2003 for the offence punishable under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act').

(2.) Quashment is prayed on the ground that petitioner No. 2 K. Venkatramani is not the nominee appointed by petitioner No. 1 in the State of Chhattisgarh under Section 17(2) of the Act, therefore continuance of criminal proceeding against the person not connected with the commission of offence would amount to abuse of the process of the Court. Quashment is also prayed on the ground that prosecution has been launched against petitioner No. 1 intentionally and deliberately after lapse of more than 1 years of the date of taking sample of the food product which was permitted for use within three months from date of its manufacture and any prosecution without affording opportunity of analysis of the sample by the Central Food Laboratory in terms of Section 13(2) of the Act has caused serious prejudice to petitioner No. 1.

(3.) I have heard learned counsel for the parties and perused copy of the complaint and copies of other documents filed on behalf of the petitioners.