STATE OF GUJARAT Vs. PANKAJKUMAR BHURABHAI THAKKAR

JUDGEMENT

(1.) This is a revision application under section 397 and 401 of the Criminal Procedure Code at the instance of the State of Gujarat, challenging the order of discharge passed by the learned Magistrate in Criminal Case No.182/98 in respect of the original six accused.

(2.) The criminal case arose from a product manufactured by original accused no.6 viz. Nestle India Limited. The other accused are stockists, distributors, retailers and directors of the said company.

(3.) The product which is the subject matter of the controversy carries the brand name of "Cerelac". It is branded, manufactured and sold as instant milk cereal. The label further contains a statement "Wheat apple - weaning food".