PIYUSHKUMAR O DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AT the outset, learned Senior Counsel for the petitioners stated that the petition, insofar as petitioner No.11 ­ original accused No.13 is concerned, is not pressed at this stage, with a liberty to raise all possible contentions before the Court below. In view of the above statement, the petition by petitioner No.11 is disposed of as not pressed with the above said liberty reserved to the said petitioner.

(2.) THE petitioners have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short Cr PC), praying for quashing of the complaint lodged against them under the Prevention of Food Adulteration Act, 1954 (for short PFA Act) in Criminal Case No.1046 of 2001 in the Court of learned Judicial Magistrate, First Class, Gandhinagar, as also issuance of summons dated 22/02/2001 produced at Annexure ­ B as well as the order for issuance of nonbailable warrant dated 02/01/2008 against the petitioners.

(3.) IT is stated by learned Senior Counsel for the petitioners that the petitioner No.11 has questioned the vires of Rule 33 of Prevention of Food Adulteration Rules, 1955, by filing Special Criminal Application Nos.1660 and 2076 of 2008, as the said rule mandatorily requires "Devnagari Hindi" or "English" as the languages to be used on the lable of the product. This Court at the moment is not really concerned with that issue.