PRANAV V ADANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. M. J. Thakore, learned senior advocate with Mr. D. K. Puj, learned advocate for the petitioner.

(2.) IT is submitted that sub-section (1) of section 202 of the Code of Criminal Procedure 1973, (the Code) makes it obligatory upon the learned Magistrate that before summoning the accused residing beyond his jurisdiction he shall inquire into the case himself or direct the investigation to be made by a police officer or such other person as he thinks fit, for finding out whether there was sufficient ground for proceeding against the accused. It is further submitted that necessary averments to the effect that the petitioners were in-charge of and responsible to the company for the conduct of the business of the company as envisaged under Section 17 of the Prevention of Food adulteration Act, 1954, are not found in the entire complaint. Attention is drawn to the nomination Form-viii filed under the Rule 12 (B) of the Prevention of Food Adulteration Rules, 1955, to point out that one Mr. Parag S. Padrakar had been nominated by the company to be in-charge of and responsible to the company for Gujarat in connection with any offence under the Act. It is submitted that in the circumstances, the petitioners could not have been arraigned as accused in the complaint in question.

(3.) HAVING considered the submissions advanced by the learned senior advocate, notice returnable on 10th April, 2008. Ad-interim relief is granted in terms of Para-graph-12 (D ).