M ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners i. e. original accused nos. 10 and 11 in Criminal complaint No. 147 of 1998 pending before the learned Judicial Magistrate f. C. Municipal Court, Thane, have preferred this petition for quashing the proceedings relating to the said case. The said is under sections 2 (1), 2 (1-A), (A), 2 (1-A) (F) punishable section 16 and 17 of the Prevention of Food adulteration Act, 1954.

(2.) THERE are eleven accused in the said case. Accused no. 1 Bhanaram mugaram Choudhari is the vendor i. e. M/s. Ambika Sweet, situated at hema Apartment. Lokmanya Nagar Pada No. 4. Thane Municipal corporation. He purchased one Cadbury Dairy Milk Super Value Pack from original accused no. 5 M/s. Ganesh Brothers (Distributor ). Original accused nos. 2 to 4 are the partners of accused no. 5. Accused No. 5 M/s. Ganesh Brothers had purchased for sale the cadbury dairy super value pack from accused no. 8 i. e. Smt. Sudha R. Kale of M/s. Kale Transport services i. e. accused no. 8 who are C and F agent and distributor of the petitioner no. 2 i. e. M/s. Cadbury India Limited. Accused nos. 6, 7 and 8 are the other directors of original accused no. 9. Petitioner no. l original accused no. 10 Shri M. Ismail is the nominee of M/s. Cadbury India Ltd. who is original accused no. 11.

(3.) IT is the case of the complainant Shri Vikas Shejwal, Food Inspector. Thane Municipal Corporation that on 9th August, 1995 in the morning he purchased one Cadbury Dairy Milk of Super Value Pack for himself from ambika Sweets. On opening the said packet, he found blackish fungus formed in it. He informed this fact to Mugaram Choudhari and requested him to act as a panch. Thereafter, necessary formalities were followed. They went to the shop of accused no. 1 and narrated the facts to him. The samples taken came to be wrapped, labled and sealed as required. As the complainant suspected some adulteration in the said purchased cadbury dairy milk super value pack, the expressed his desire in writing to accused no. l of sending the said sample to Public Analyst for government analysis. The remaining two samples were sent to Local Health Authority. The report of Public Analyst was received on 19th October, 1995, which stated that fungus had formed in the said chocolate and it was not fit for human consumption. Thereafter, on 6th March, 1998 the complaint came to be filed before the learned Judicial Magistrate, F. C. Thane.