NESTLE INDIA LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Application under Section 482 of the Code of Criminal Procedure has been filed by the applicants to quash and set aside the complaint being Criminal Case No.3250 of 2009 pending in the Court of learned Chief Judicial Magistrate, Bhuj, Kutch and the proceedings therein.

(2.) FACTS in short are that a complaint was filed by the respondent No.2 in the Court of learned Chief Judicial Magistrate, Bhuj, Kutch, on 8-7-2009 against the present applicants-original accused Nos.3 and 4 and two others for the offences punishable under the Prevention of Food Adulteration Act, 1954('the Act' for short) alleging inter alia that the sample of Company packed Maggie Tomato Sauce bottle weighing 200 gm. collected at Shri Sahjanand Ghee Centre, Vokala Faliya, Garbi Chowk, Bhuj(Kutch) when sent to Public Analyst was reported to be adulterated. Said complaint was registered as Criminal Case No.3250 of 2009 and a process was issued by the learned Magistrate in the said complaint. Hence, the present application for quashing of the said complaint.

(3.) HE has also relied on a decision of this Court rendered in the case of Nestle India Limited, Thro' R.K.Rajkot, Manager(Sales) Vs. State of Gujarat in Cri.Misc.Appln.No.10732 of 2010 wherein in a similar fact situation, complaint has been quashed by this Court.