KAUSHIK KESHAVLAL LAKHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In this criminal application, filed under Sec. 482 of the Code of Criminal Procedure, 1973 the applicants (original accused) have prayed for quashing and setting aside the order issuing summons dtd. 13/11/2013 in Regular Criminal Case No. 4376 of 2013 passed by the learned Additional Chief Judicial Magistrate, Nagpur and also for quashing and setting aside the complaint bearing Regular Criminal Case No. 4376 of 2013.

(3.) Background facts: The complaint in question was filed by respondent No.1 against the applicants for contravention of the provisions of Sec. 26(1) read with Sec. 26 (2)(i) read with Sec. 27(1) of the Foods, Safety and Standards Act, 2006 (For short 'the FSS Act 2006') and read with Sec. 3(1)(zz) (vii) read with Regulation 3.1.2 (7) of the Food Products (Standards and Food Additives) Regulations, 2011 (For short 'the Regulation of 2011). It is the case of the respondent No.1 in the complaint, that on 17/11/2012 at about 11:00 a.m. alongwith independent witnesses he visited the premises of M/s. V. K. Agencies owned by applicant No.1. On inspection of the premises he discovered about 200 wholesale packs of lozenges of 584.2 grams each. Respondent No.1 purchased the samples of lozenges of all flavors and seized the rest of the stock. Respondent No.1 issued notice under Form VA and Rule 2.4.1 (4) and 2.4.5 of the Regulations to the applicants.