NESTLE INDIA LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Shri Shah waives service of rule on behalf of respondent No.1 and learned advocate Shri Nalin Thakker waives service of rule on behalf of respondent No.2.

(2.) Petitioners are the original accused. They seek quashing of complaint Annexure A bearing Criminal Case No.1948 of 2010 pending before the Chief Judicial Magistrate, Kutch-Bhuj. The complaint pertains to offence punishable under section 16 of the Prevention of Food Adulteration Act for breaches of the provisions contained in section 7(v) and other provisions of the said Act and the Rules made thereunder.

(3.) The petitioners have pressed the petition only on one ground that by virtue of afflux of time, the petitioners were denied their valuable right to challenge the Public Analyst's report and seek further report form the Central Laboratory in terms of the provisions contained in the Prevention of Food Adulteration Act.