SUBHASH CHAND GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as, "cr. P. C. ") for quashing of complaint case no. 100/2004 under Sections 7 and 16 of the prevention of Food Adulteration Act, 1954, (hereinafter referred to as, "pfa Act") and the proceedings emanating there from against the petitioners.

(2.) A complaint under Section 16 of the pfa Act was filed against 14 accused persons, including the petitioners herein, namely M/s. Surya Kiran Trading corporation (The Supplier-Firm), Late Shri kishan Gupta (one of the partners of m/s. Surya Kiran Trading Corporation) who died during the pendency of the case in the trial court; Shri Subhash Chand Gupta, Shri hobbit Gupta, Shri Vipul Gupta, and Smt. Pooja Gupta, who other partners of M/s. Trading Corporation.

(3.) LEARNED counsel for the petitioner submits that on 25. 6. 2002, the Food Inspector, sh. S. K. Sharma had purchased a sample of "pass-Pass" (Mouth freshener) for analysis from Shri Om Prakash Tolani. The said sample consisted of poly packs of "pass-pass" (Mouth freshener ). After carrying out the sampling procedure, the sample was sent to the Public Analyst. According to the report of the Public Analyst, the sample was misbranded for the following reasons: