BUNGE INDIA PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) Through this petition under Section 482 Cr.P.C. M/s. Bunge India Pvt. Ltd. and its Directors Sudhakar Desai, Anil Aggarwal and Sidhant Khosla are seeking quashing of complaint case bearing No.249/06 under Section 7/16 of Prevention of Food Adulteration Act, 1954(for short, hereinafter referred to PFA Act ) titled Food Inspector Vs.Dharampal Kumar & Ors. and the impugned summoning order dated 06.11.2006 passed by learned Metropolitan Magistrate.

(2.) Briefly stated, facts leading to filing of this petition are that on 06.11.2006, Shri A.K. Singh, Food Inspector(PFA), Government of NCT of Delhi filed a complaint before Metropolitan Magistrate, New Delhi under Section 16 of PFA Act titled Food Inspector Vs. Dharampal Kumar & Ors. arraying petitioners as some of the respondents. It was, inter alia, alleged that on 22.03.2005 Food Inspector A.K. Singh purchased a sample of Refined Soyabean Oil from the premises of M/s. Jagdamba Departmental Store, Shop No.1/B, Narouji Nagar Market, New Delhi where said food article was stored for sale. The sample comprised of three sealed polypacks of Refined Soyabean Oil having identical label declaration weighing 910 gms each( 1 liter). The sample was sent to public analyst, Delhi in untampered condition and remaining two counter parts were deposited with LHA. The public analyst vide his report bearing No.PFA/Enf./656/2005 dated 11.04.2005 reported thus: The sample is misbranded because it gives misleading statement for Best before. However, Refined Soyabean Oil conforms to standard .

(3.) On the basis of the report of public analyst, the Food Inspector filed a complaint before learned Metropolitan Magistrate, New Delhi on 06.11.2006 alleging violation of Section 2(ix)(g) and (k) and also the Provisions of Rule 32(f) and Rule 37 of PFA Rules.