NESTLE INDIA LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Respondent No. 1, Food Inspector, Food and Drugs Control Department, Valsad initiated criminal proceedings by filing Criminal Case No. 3022 of 1993 in the Court of learned Judicial Magistrate, First Class, Valsad, against the present petitioners and respondent Nos. 2 to 5 for an offence under S.16(a)(i) of the Prevention of Food Adulteration Act ('the Act'for short). Present petitioners are original accused Nos. 5 and 6 and present respondent Nos. 2 to 5 are original accused Nos. 1 to 4 respectively. Relying upon the report of the Central Food Laboratory, Gaziabad, the petitioners and respondent Nos. 2 to 5 original accused had applied for discharge vide application dated 16-12-1995, Ex. 22. But, vide order dated 11-2-1997, Annexure 'H', the application for discharge has been rejected. Aggrieved by this order, the petitioners have approached this Court under S.482 of the Code for quashing the complaint and setting aside the impugned order.

(2.) The only contention canvassed on behalf of the accused is about the express legal bar for continuance of proceedings. According to the petitioners, despite express legal bar continuation of such proceedings would be de hors the provisions of law, amounting to abuse of process and unnecessary harassment.

(3.) . In order to appreciate this contention, it would be worthwhile to briefly advert to the facts giving rise to the present case.