STERLING AGRO INDUSTRIAL LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present Application under section 482 Cr.P.C., seek to quash the summoning order dated 3.9.2009 passed by the Chief Judicial Magistrate, Champawat in Criminal Case No. 475 of 2009 titled as Food Inspector v. Kamlesh Rai, under section 7/16 of the Prevention of Food Adulteration Act, 1954. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said Court. A criminal complaint was filed by the State of Uttarakhand through the Food Inspector, Champawat against 5 accused persons, including the applicants, in the Court of Chief Judicial Magistrate, Champawat. A request was made by the complainant to convict and sentence the accused persons under section 7/16 Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA Act) alongwith Rule 37 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the PFA Rules). Thereafter, the Chief Judicial Magistrate, Champawat, vide order dated 3.9.2009 summoned the accused-applicants to face the trial. Aggrieved against the same, present application under section 482 Cr.P.C. was filed by the accused-applicants.

(2.) The allegation against the applicants, in a nutshell, is that the applicants have used the words, i.e., 'dream of healthy India' on the packets of NOVA Dairy Mix (proprietary food) skimmed milk powder with additives, which is the violation of Rule 37 of the PFA Rules.

(3.) Before proceeding further, it will be worthwhile to go through the provisions of Rule 37 of PFA Rules. The same is reproduced herein below for ready reference:--