VOLTAS LTD Vs. S.V. BOTRE

JUDGEMENT

(1.) HEARD Mr. Mundargi for the petitioners, Mr. Malpathak for the respondent No. 2 and Mr. I.S. Thakur, A.P.P. for the State - respondent Nos. 1 and 3.

(2.) ALL these petitions have been filed by the petitioners for quashing the proceedings initiated against the petitioners under the provisions of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the P.F.A. Act').

(3.) COPY of the complaint is at Exhibit 'M' page 41 of the Criminal Writ Petition No. 1291 of 1998. According to the respondent No. 1, who is the complainant, a complaint was lodged by Raj Oil Mills regarding unauthorised refilling of guinea brand groundnut oil by Oswal Trading Company, Thane - respondent No. 2 to the complainant. The complainant, therefore visited canteen No. 1 in the premises of Voltas Limited petitioner No. 1 at Pokhran Road, Thane along with some independent witnesses. Petitioner No. 2 is a licensee and vendor of the canteen No. 1 of Voltas limited -petitioner No. 1. The complainant disclosed identity and thereafter it was the petitioner No. 2 who showed suspected tins of groundnut oil sealed by the respondent No. 2. Thereafter, the petitioner No. 2 broke the seal of the tins and gave custody of the suspected groundnut oil to the complainant. The complainant made three lots of the said tins. Thereafter, complainant demanded and purchased 750 grams of groundnut oil from each of the three samples, sealed it according to the provisions of P.F.A. Act, send the samples for chemical analysis and after receiving the report, filed the complaint under Sections 2(ia)(a)(b), 2(ia)(c) and 2(ia)(m) of P.F.A. Act against the petitioner and respondent No. 2.