SURESH N HINGORANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for quashing the proceedings in Criminal Case No. 15913 of 1974 pending in the Court of the Judicial Magistrate First Class, Court No. 8, Pune.

(2.) The brief facts of the case are that on 16 -8 -1974 at about 4.30 p.m. the complainant S.B. Jadhav, Food Inspector, accompanied by other Officers of the Food and Drug Administration and a Police Constable of Pimpri Police Station went to the factory premises of M/s. Harnik Food Industries at premises No. 4 -22, H Block, M.I.D.C., Pimpri, Pune. The petitioner who was at the relevant time Production Manager and one Ramesh Murlidhar Kriplani, a Typist -Clerk, since absconding were present in the factory premises. The complainant selected samples of food of (1) Whistle Pops, (2) Sugar and (3) Arrowroot, used for the manufacture of food articles, for the purpose of test and analysis under Rule 9 of the Prevention of Food Adulteration Rules, 1955. The complaint states - - - The usual sampling procedure prescribed under the said Rules was being followed and the samples were being sealed with the help of sampling Assistant Shri L.T. Sorkade. Shri Suresh N. Hingorani, Production Manager, instructed Shri Ramesh Murlidhar Kriplani, Typist -Clerk to take away the samples and informed the complainant that he will not allow the complainant to draw any samples of food articles for test and analysis and asked the complainant and other officers to get out of the factory. Then Shri Ramesh Murlidhar Kriplani, Typist -Clerk, immediately snatched all the samples of food articles. Thereafter the complainant made a Panchanama describing the above incident of preventing complainant from drawing samples of food articles and obstructing him from drawing samples of food articles and thereby prevented the complainant from performing his official duties under the Prevention of Food Adulteration Act, 1954, and Rules made thereunder.

(3.) It is on these facts that the complainant filed a complaint on 6 -9 -1974 under section 16(1)(b) and 16(1)(c) of the Prevention of Food, Adulteration Act, 1954, in the Court of the Judicial Magistrate, First Class, Court No. 8, Pune. On this complaint process was ordered to be issued by the learned Judicial Magistrate, First Class, after about five years, i.e. on 6 -5 -1979, only as against the present petitioner. By a previous order dated 18 -3 1978, the trial as against the present petitioner was separated as the said Kriplani was said to have left the country.