NAVENDERABHAI FAGANMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. K.H. Parekh for the petitioners and Mr. Trivedi, learned Additional Public Prosecutor for the respondents. Rule. Mr. Trivedi waives service of Rule.

(2.) Mr. Parekh has started with a submission that the impugned complaint is an outcome of the mistaken impression of the provision of law as it existed then and, therefore, the petition.

(3.) The petition arises out of a complaint lodged by Food Inspector before the learned Chief Judicial Magistrate, Jamnagar, in Criminal Case No.2211 of 1999, against the petitioners, who are dealing in soup powder under the brand name "Knorr" manufactured by Corn Produces Company (India) Limited, Mumbai. On 10th April, 1997, the Food Inspector visited one shop Navendra Faganmal in presence of Jairambhai Devumal, collected samples of three tomato soup powder of "Knorr" brand after following due procedure as prescribed by law. The sample was sent to the Public Analyst and the Public Analyst gave a report to the effect that the sample contained synthetic colours not permissible under law and, therefore, the sample did not conform to the prescribed standards. After obtaining consent under Section 20, the complaint came to be lodged.