RAHUL AWASTHI Vs. STATE OF A P

JUDGEMENT

(1.) Petitioners, who are A-1 and A-2 in C.C.No.169 of 2002, on the file of the VII Metropolitan Magistrate, Visakhapatnam, are seeking quashing of the proceedings in the said C.C., on the following grounds viz.,

(2.) The facts that are necessary for disposal of the present case are as under: A-2 is the manufacture of soft drinks i.e., Coca Cola. A-1 is nominee for purpose of Section 17 of the Act. On 26-09-2000, the Food Inspector, Division-l, Visakhapatnam, visited the factory of Hindustan Coca Cola Beverages Private Limited, Manchukonda Gardens, Visakhapatnam. He found 348 creoils of each 24 x 300 ml sealed bottles having label declaration i.e., Coca Cola (Coke) sealed FPO No.2922 Mfd on 13-09-2000 by Cork having Hindustan Coca-Cola Beverages Pvt. Ltd., 37-05-89 Manchukonda Garden, Visakhapatnam-530 007, and 4,298 creoils 5 x 24 bottles x 300 ml labelled as Limca Mfd on 29-09-2000 and cap having said Mfd address. He purchased six bottles of Coca Cola under a receipt, duly sealed them, following the due procedure laid down under law. On 27-09-2000, he sent the sealed container of one part of the sample to the Public Analyst, Hyderabad and two sealed containers of remaining sample to the Local (Health) Authority, as required under the provisions of the Act. The Analyst report disclosed that the sample contained moulds beyond the permissible limit and, therefore, it is adulterated. The consent for prosecution was obtained as required under Section 20 of the Act on 25-04-2002. The complaint was filed before the learned Magistrate on 27-06-2002. Notice as contemplated under Section 13(2) of the Act was sent on 17-07-2002. The Public Analyst Report was received by the Food Inspector on 18-12-2000. It can be seen from the above dates that the complaint was filed one year six months nine days after receipt of the report of the Public Analyst by the Food Inspector. In the light of the above facts, now, I shall deal with the two points urged before me.

(3.) Some products contain expiry date and they become unfit for human consumption after the expiry period.