PUNEET GUPTA Vs. STATE

JUDGEMENT

(1.) A complaint under Section 16 of the Prevention of Food Adulteration Act, 1954(the Act) was filed as a sample of 'Fruit Yogurt' purchased from one Gian Chand Bedi was found to be not conforming to the standard of 'Fruit Yogurt' and thus adulterated. M/s L-Comps & Impex Pvt. Ltd. was impleaded as accused No.7 being the importer of the sampled commodity. One Anu Sharma was impleaded as accused No.8, as he was a nominee appointed under Section 17 of the Act of accused No.7.

(2.) While the prosecution evidence was being recorded in the complaint case filed by the Food Inspector, Govt. of NCT of Delhi, an application dated 20.11.2007 was moved by earlier said Anu Sharma for dropping proceedings against him on the ground that he was appointed as a nominee only for Chandigarh. Para 2 of the application is extracted hereunder:

(3.) The learned Metropolitan Magistrate('MM') came to dispose of the said application by an order dated 16.09.2008. He dropped proceedings against said Anu Sharma holding that the nomination of accused No.8 was received in the office of Local Health Authority (LHA) on 09.05.2001 and the same was accepted on 15.06.2001. The learned MM also held that the nomination of accused Anu Sharma was only for the territory of Chandigarh. The relevant portion of the order is extracted hereunder: