PEPSI FOOD PVT LTD Vs. EXPORT INSPECTION AGENCY

JUDGEMENT

(1.) This petition, seeks quashing of the order of charge dated 14.10.2003 passed by the Metropolitan Magistrate ("the trial court") in Complaint Case No. 3170/1993.'

(2.) The brief facts necessary to decide this petition are that the 1st petitioner (hereinafter referred to as "the Company") is a large exporter of rice in the country. The 2nd petitioner was employed as General manager, Corporate Affairs with the company. The company exports Basmati Rice to USA and other countries. =The respondent, complainant, (referred to as "the complainant" or "the respondent") is a statutory body constituted under the Export (Quality Control & Inspection) Act, 1963, (hereafter called "the 1963 Act").

(3.) On 31.8.1991, Director (Inspection and Quality Control) communicated to the company that the Monthly Import Detention List forwarded by the Dept. of Health and Human Services, Food and Drug Administration, Washington, USA, had detained Basmati Rice exported in the January-February 1991 on account of insect and rodent filth. The petitioner alleged! that the Director demanded information as to where the rice was processed and a reply to this was furnished. However, no further communication was received from the export inspection agency.