NESTLE INDIA LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this revision petition is to the order passed by the learned Judicial Magistrate First Class, Gandevi on 29.9.2001 in Criminal Misc. Application No. 1/2001, whereby the learned Judicial Magistrate First Class ordered to condone the delay in filing Criminal Case No.4193/1998 and directed that the aforesaid criminal case be restored to the file of his Court and to proceed further in accordance with the law.

(2.) The facts giving rise to this Criminal Revision Application are that the respondent No.2-Food Inspector visited the shop of the original accused No.1-Manharbhai Ratilal Tailor and collected sample from a packed tomato ketchup bottle. The sample came to be collected on 11.2.1993. It was further revealed that the vendor original accused No.1-Manaharbhai Ratilal Tailor had purchased the packed tomato ketchup bottle frorn accused N0.6-M/s.Anupam Sales Corporation and accused Nos.2 to 5 were its partners. It is further revealed that the tomato ketchup was manufactured by petitioner No.1 herein-M/s.Nestle India Limited i.e. original accused No.7. The sample collected from the bottle was sent for analysis and by report dated 19.3.1993, the public analyst reported that the sample did not conform to the standard's laid down under the Prevention of Food Adulteration Rules ("Rules" for short). Thereafter, the complainant-Food Inspector applied for sanction as contemplated under Section 20 of the Prevention of Food Adulteration Act, 1954 ("Act" for short) to the competent authority and the competent authority accorded the sanction to launch prosecution on 10.9.1998. On that basis, the Food Inspector filed criminal complaint in the Court of the learned Judicial Magistrate First Class, Gandevi on 18.11.1998, which was registered as Criminal Case No.4193/1998.

(3.) I have heard the arguments of learned Advocate Mr. Jani for the petitioner and learned Additional Public Prosecutor Mr. Kodekar for the respondent-State.