AMALGAMATED BEAN COFFEE TRADING CO Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) M/s Amalgamated Bean Coffee Trading Co Limited and its employee Sh. Sumit Girdhar vide this petition under Section 482 Cr.P.C. have prayed for the quashing of the complaint case titled Food Inspector Vs. Sumit Girdhar and Others pending in the court of Metropolitan Magistrate and for discharge of the petitioners.

(2.) BRIEFLY stated, the facts relevant for the disposal of this petition are that M/s. Amalgamated Bean Coffee Trading Co Limited is engaged in operating and running Cafes in the name and style of "Cafe Coffee Day" all over India. Second petitioner Sumit Girdhar is an employee of petitioner No.1 company and was responsible for management of "Cafe Coffee Day", N-11, Connaught Place, New Delhi.

(3.) LEARNED Shri Shivam Sharma, Advocate appearing for the petitioner submitted that from the report of public analyst as also Appendix B to the PFA Rules, no quality standard for "Mango Crush" was provided and that being the case there could be no violation of provision of PFA Act and the rules framed thereunder. LEARNED counsel further submitted that there is no allegations of violation of quality standard in terms of "Fruit Products Order 1955", as such no offence can be said to have committed by the petitioner. It is argued that initiation of prosecution of the petitioner is under misconception of law as there is no violation of Section 2(j) of the PFA Act as the sample that allegedly used in the food sample as per the public analyst is tartrazine which is a permissible colour under Rule 28 of PFA Rules. Further, learned counsel for the petitioner relying upon the judgment of Supreme Court in Hindustan Lever Ltd. Vs. Food Inspector and Another, (2004) 13 SCC 83 submitted that since no standards were prescribed under the PFA Act and PFA Rules for the fruit crush, prosecution of the petitioner with regard to the impugned food article applying the standards for other food articles would not be sustainable. Thus, the learned counsel for the petitioner have strongly urged for quashing of the complaint as well as the summoning order qua the petitioner.