SHUKLA WASSAN Vs. STATE OF M P

JUDGEMENT

(1.) These petitions have been filed under Section 482 of the Code of Criminal Procedure by the Applicants for quashing of proceedings pending before the Special Judicial Magistrate, First Class, Indore presided by Shri D.K. Singh in Criminal Case No. 23417/2010 against the Applicants Rajeev Minocha, Deepak Kaul, Mohamed Akeel, Milind Ramchandra Pingle and Mrs. Shukla Wassan.

(2.) According to the facts of the case, on 17-4-2009, Shri V.N. Gangrade, Food Inspector, Municipal Corporation, Indore visited the premises of Hindustan Coca-Cola Beverages Pvt. Ltd. situated at Jagdamba Cold Storage, Nemawar Road, Indore which was being operated by Rajesh Goyal as Manager. On demand, Rajesh Goyal submitted a photo copy of the PFA license. During investigation, it was found that product of Hindustan Coca-Cola Beverages Pvt. Ltd., i.e., Coca-Cola, Sprite, Limca, Fenta, Thums-Up etc. were collected there for sale. There 36 carton of sweetened carbonated beverage sprite containing nine bottle 2 litres each were stored for sale, hence he purchased three bottles of each of 2 litres and paid 144/- and received a receipt of it from Rajesh Goyal. Thereafter, he gave the intimation on Form No. VI to Rajesh Goyal about its purchase for investigation. Rajesh Goyal said that he has purchased the above sweetened carbonated beverage sprite from Hindustan Coca-Cola Beverages Pvt. Ltd., Pilukhedi, Rajgarh and he will provide the purchase invoice later on. Thereafter, the Food Inspector, as per procedure prepared three samples and sent one sample to Public Analyst, Municipal Corporation, Indore for analysis and the remaining samples were deposited in the office of the Local Health Authority. Thereafter, the Food Inspector sent a letter on 1-6-2009 to Rajesh Goyal to furnish the information of the firm and copy of the invoices. On 2-6-2009, report of Public Analyst was received; according to which, the details on the bottles was not up to the mark. According to report, on the bottles there was no details regarding the manufacturing date and batch number on the neck of the bottles as claimed on label. Absence of manufacturing date nullifies the date of best for consumption as mentioned on the label. This contravenes the Sub-rules (e), (f) and (i) of Rule 32 of the PFA Rules, 1955, hence the sample of sweetened carbonate Beverage Thums-Up is misbranded as per Section 2(ix), (k) of the PFA Act, 1954. In response to letter dated 1-6-2009, Hindustan Coca-Cola Beverages Pvt. Ltd., Rajgarh on his letter pad sent a copy of the nomination Form VIII and the copy of the license of Hindustan Coca-Cola Beverages Pvt. Ltd., Nemawar Road, Indore, but it was not in conformity with the information which was required.

(3.) Thereafter, the Food Inspector sent a reminder on 18-7-2009 by registered AD. In reply, copy of PFA license for the year 2009-10 of Hindustan Coca-Cola Beverages Pvt. Ltd. was received which was not in conformity with the information required. Thereafter, the Food Inspector sent a registered letter on 8-9-2009 about the information of the Hindustan Coca-Cola Beverages Pvt. Ltd., Nemawar Road, Indore. In reply, Advocate Harish Kumar, on his letter head, sent the information which was not in conformity with the required information. Thereafter, on 5-12-2009, letter was sent to Rajesh Goyal to furnish the above information. In reply, Advocate Harish Kumar submitted the information which was not also in conformity with the required information.