LOKNATH BHATTACHARYA MANAGING DIRECTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed for quashing and setting aside the proceedings initiated against the petitioners under Criminal Case No.217 of 1995 registered with the Court of learned Judicial Magistrate First Class at Rajpipla, Dist. Bharuch along with the summons issued by the learned Judicial Magistrate, First Class at Rajpipla, with regard to the offences alleged to have been committed by the petitioners for violation of Section 2(ix)(k) and Rules 32(e) and Sections 7(ii)(v) and 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 and Rules, 1955 (for short "the Act" and "the Rules" respectively).

(2.) It is the case of the petitioners that the petitioners herein are directors viz. petitioner No. 1 is the Managing Director and the petitioner No.2 is Director of Shalimar Chemical Works Ltd., which is a limited company, registered under the provisions of the Companies Act, 1956 and having its Registered Office at Calcutta.

(3.) On 24.01.1994 at 2.00 pm the complainant Food Inspector along with one witness went to the Shop named Harisiddha Krupa Provision Store situated at Rajpipla. District Bharuch and the witness purchased three tins of coconut oil by paying Rs.60/- for sampling and on these tins contents of weight, name of manufacturer, maximum retail price, date of the manufacture etc. were mentioned and it is mentioned that the said coconut oil is manufactured by Shalimar Chemical Works Ltd. Thereafter the sample was taken as per the prescribed procedure. All other procedure was followed under Rule 12 of the Rules. Sample was sent to public analyst at Vadodara on 25.01.1994 and upon receipt of analysis report it was mentioned that the accused herein have committed offence under the Act as the product was misbranded. Upon grant of sanction by the Commissioner of Food and Health Organization, Bharuch, necessary complaint against the accused was lodged on 10.04.1995 and thereafter process was issued by the learned Magistrate on 11.07.1995.