PRAVEEN CHAND Vs. FOOD SAFETY OFFICER

JUDGEMENT

(1.) Instant Criminal petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners against the summoning order dated 10.10.2011 passed by Raghubir Singh, Additional Chief Metropolitan Magistrate-II, Patiala House Courts, New Delhi in Complaint Case No. 192/11 titled as Food Safety Officer v. Sh. Praveen Chand & Others.

(2.) Brief facts stated are that on 28.05.2011 at about 3:29 PM, Food Inspector (FI) Bal Mukand purchased 3 Kg rice vide sample No. 93/1015/52/11, code no. 93/LHA/32437 from M/s KB's fair Price (A unit of M/s Future Value Retail Ltd), Shop No. F-2226 Mansarover Garden, New Delhi-110015. At the relevant point of time, the petitioner No.1, Parveen Chand S/o Mangat Ram (vendor-cum-store Manager) was found vending the article of food at the time of taking the sample. The sample consisted of 3 Kg of rice (ready for sale) taken from an open Aluminum Drum bearing no label declaration. The sample was taken under the supervision/direction of Ms. Anju Mangla, SDM/LHA. The sample was taken after proper mixing with the help of clean and dry Jhaba by rotating it in all possible directions several times. The Food Inspector divided the sample of food article into three equal parts then and there by putting it into three clean and dry glass bottles. Each glass bottle containing the sample was separately packed, fastened and sealed according to the PFA Act, 1954 and Rule, 1955. He obtained signatures of vendor on LHA slip and wrapper of the bottle containing sample and notice in Form VI was given to Sh. Parveen Chand and Panchnama too was prepared at the spot. All the documents prepared by the Food Inspector were signed by Sh. Parveen Chand and by other witness Jagdish, FA was joined as witness. One counter-part of sample bearing LHA Code Number 93/LHA/32437 in intact condition along with the copy of memo in form VII and another copy of memo in Form-VII under seal and cover were sent separately to the Public Analyst, Delhi and two counter-part of the sample along with two copies of memos in FormVII were deposited with SDM/LHA in intact condition dated 30.05.2011. All copies of Memo in Form VII bear the seal impression with which sample parts were sealed. Public Analyst analyzed the sample and found the sample to be adulterated as it contains six living insect & one rodent excreta in whole sample and committed the offence punishable under Section 16 (1A) of the PFA Act, 1954.

(3.) The Court below took the cognizance on 10.10.2011 and issued summons against the present Petitioners i.e. Sh. Parveen Chand S/o Sh. Mangat Ram who was the vendor-cum-store Manager of KB's Fair Price which is a unit of M/s Future Value Retail Ltd. who look after its day to day business and as such he is in-charge of and responsible for the conduct of the business of the said unit of the company, Mr. Damodar Mall S/o Sh. Shyam Sunder Mall whole time director of M/s Future Value Retail Ltd., who look after the day to day business of KB's Fair Price and as such he is in-charge of and responsible for the conduct of the business of the said unit of the company, and M/s Future Value Retail Ltd. being a company is also liable for KB's Fair Price. The Company has its Registered Office at Knowledge House, Shyam Nagar, Jogeshwari Vikhorli, Link Road, Jogeshwari (E), Mumbai-400060.