ITC LTD. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Raghav Nayar, Advocate for applicants, learned A.G.A. for State and Sri Deepak Singh, Advocate for Respondent-2.

(2.) Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") with a prayer to quash the proceedings of Criminal Complaint Case No. 3057 of 1999, under Section 7 / 16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") and order dated 02.08.2005 dismissing Criminal Revision No. 321 of 2004.

(3.) It is contended that a sample of Chane Ki Dal of the canteen maintained in the premises of Applicant-1 was taken by Food Inspector on 31.12.1997. As per complaint filed by said Food Inspector the sample sent for examination by Public Analyst who submitted its report dated 13.02.1998 stating that it did not conform with the standard prescribed under Act, 1954 and, therefore, comes within the ambit of "adulterated food item". Consequently a letter dated 11.04.1998 was sent to Applicant-1 and thereafter a complaint under Section 7(1) read with Section 2(ia)(h) of Act, 1954 of Act was filed by State of U.P. through Sri P.P. Tiwari, Food Inspector, Nagar Palika Parishad, Saharanpur in the Court of First Additional Chief Judicial Magistrate/ Special Judicial Magistrate (Economic Offences), Saharanpur vide complaint dated 12.08.1999. Chief Medical Officer, Saharanpur gave consent under Section 20 of Act, 1954 on 28.07.1997.