ASHOKA GLUCOSE BISCUITS Vs. S A WAHEED SHAABAZ

JUDGEMENT

(1.) The petitioner, M/s. Ashoka Biscuit Works, manufactures Ashoka Glucose Biscuits and other biscuits at its factory at Amberpet. The respondent, Or. S.A. Waheed Shaabaz, is a resident of Old Topkhana, Hyderabad. On 3rd June, 1980 the Attender of the respondent, Mr. Rama Rao, purchased a packet of Ashoka Glucose Biscuits for Rs. 3-25 from Seema Bakery, Mozamzahi Market, Hyderadad and give it to the respondent. The respondent removed four or five biscuits and gave them to his son. Wasey, who is about five years old. After taking three or four biscuits. Wasey found a needle in a Biscuit and immediately showed it to the respondent. The respondent also observed a needle embedded in the biscuit. Immediately, the respondent complained to the Drug Controller on phone. The Drug Controller entrusted the matter to the Assistant Food Controller and Food Inspector of his Department for investigation. They collected the specimen of the pieces of biscuits in which the needle was bund intact and also collected the remains of the biscuit packet. The Food Inspector of the Drug Control Department and the Food Inspector of the Municipal Corporation of Hyderabad, inspected M/s. Ashoka Glucose Biscuit Factory at Amberpot in the presence of the Assistant Food Controller as per the directions of the Deputy Director. In the course of investigation and inspection it was found that the biscuit processding as carried on under insanitary conditions resulting in contamination of the product. In these circumstances, the respondent alleges that the needle embedded biscuit was prepared and packed under insanitary conditions and also contained poisonous and injurious ingredients and as such it was adulterated. Since the Food Inspector failed to take any action against the petitioner, the respondent filed a complaint before the VII Metropolitan Magistrate, Hyderabad, alleging that the petitioner had committed offences under Section 2 (ia) (e) and 2 (a)(h) of the PREVENTION OF FOOD ADULTERATION ACT, 1954.

(2.) Along with the complaint, he also filed a letter written by the. Drug Controller and Food (Health) Authority, Secunderabad to the Commissioner of Hyderbad Municipal Corporation, stating that the petitioner was carrying on the biscuit manufacturing process under insanitary condition and immediate steps should be taken by the Corporation. In that letter, it is stated that the Assistant Food Inspector and the Food Inspector of the Drug Control and Food (Health) Authority, who were entrusted with the investigation had collected specimen of the pieces of biscuit in which a needle was found still intact and also that they had collected the remains, of the biscuit packet.

(3.) The learned Magistrate recorded the sworn statement of the respondent Ha also recorded the statements of B. Rama Reo, the Attender of the respondent, who purchased the biscuit packet, Roop K. Dhar, a patient of the respondent and Mirza Yousuf Ali Baig, Assistant Food Controller in the office of the Drug Controller, Narayanaguda. All of them deposed that a needle was embedded in the biscuit. The respondent had stated in his sworn statement that the sample bottle containing the biscuit embedded with the needle was with the Drug Controller. After considering this evidence the learned Magistrate held that there was sufficient ground to take cognizance of the case against the petitioner. Accordingly, he took cognizance of the offence under Section 2(ia) (e) and 2(ia) (h) read with Saction 16(1) (a) of the Prevention of Food Adulteration Act against the petitioner. Questioning these proceedings, the petitioner has filed this petition under Section 482 Cr.P.C