(1.) By this application, the applicants, original accused, seek to invoke the inherent powers of this Court praying for quashing of the Criminal Case No.580 of 2008 pending in the Court of the learned Chief Judicial Magistrate, Amreli arising from the First Information Report being C.R. No. I8 of 2008 registered with the Amreli Taluka Police Station, Amreli for the offence punishable under Sections 406, 420, 272 and 273 read with Section 114 of the Indian Penal Code and Sections 5(7), 16 and 17A of the Prevention of Food Adulteration Act.
(2.) The respondent No.2, original first informant, while on duty near the Savarkundla crossroad bypass spotted the applicant No.1 holding something in his hand. The respondent No.2 inquired with the applicant No.1 as to what he had in his hands. The respondent No.2 noticed that the applicant No.1 had a box of "Ghee". The respondent No.2 drew a panchnama of the seizure of the box containing "Ghee" in presence of the local witnesses. The respondent No.2 had an information that adulterated "Ghee" was being sold in abundance in the market. In such circumstances, the respondent No.2 had kept a vigil over such activity. It is the case of the prosecution that the "Ghee" was not only adulterated but the same was also misbranded. In such circumstances, the respondent No.2 registered the First Information Report for the offences enumerated above.
(3.) At the end of the investigation, the chargesheet came to be filed and the filing of the chargesheet culminated in the Criminal Case No.580 of 2008 pending in the Court of the learned Chief Judicial Magistrate, Amreli.
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