VINOD CHAWLA AND ORS. Vs. STATE

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 482 of the Cr.P.C. for setting aside the order of summoning dated 16th August, 2010 and for quashing of consequent proceedings arising out of complaint case bearing No.128/10 titled as Food Inspector (Department of PFA) vs. Shri Vinod Chawla & Ors., under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act") pending in the Court of Additional Chief Metropolitan Magistrate - II, New Delhi.

(2.) The petitioner No.1 was the vendor of M/s Advance Bakery, A-8, Shivpuri, Delhi and was looking after the business of the shop. The petitioner No.2 is the proprietor of the M/s Advance Bakery, a proprietorship concern and who is the Incharge and responsible for day to day business of the concern along with petitioner No.1. Petitioner No.3 is the supplier of the sampled product Choco Pie to M/s Advance Bakery, M/s Chawla Traders is a proprietorship concerned and Shri Charanjit Singh is the proprietor of the said firm. Petitioner No.4 Shri Myung Ki Min is the Managing Director of the company M/S Lotte India Corporation Limited who is Petitioner No.5 and imported the sampled article "Choco pie" and supplied the said material to the petitioner No.3.

(3.) The relevant facts are that Complaint bearing No.128/10 was filed by the respondent/complainant on 16th August, 2010. Subsequently, the trial court took cognizance on the same day by order dated 16th August, 2010, the petitioner along with other accused persons and company namely M/s Lotte India Corporation Limited were summoned to face trial in the above noted case. It was alleged in the complaint that on 17th April, 2008 at about 7.30 P.M., Food Inspector V.P.S. Chaudhary purchased a sample of "Choco Pie" a food article for analysis from petitioner No.1 where the said article was stored for sale and petitioner No.1 was found conducting the business of the said food article at the time of sampling. The said sample was taken under the supervision of Shri Radh Charan, SDM/LHA.