ITC LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of Cr.P.C. for quashing of criminal case No. 1061/2008 pending before JMFC, Vidisha and order dated 18/06/2008 taking cognizance against the petitioners for the offence punishable under Sections 2 (i), 7 (1) and 16 (1) (a) (i) of the Prevention of Food Adulteration Act.

(2.) The brief facts of the case are that on 2/05/2006, the Food Inspector visited petitioner company's premises of Choupal Sagar situated at Gram Bais, Vidisha and taken samples of "Swastik Brand Urad Dal", "Swastik Brand Sabudana" and Refind Soyabean Oil. The petitioner company is not the manufacturer of the said food items. All these three products are packed and manufactured by M/s. Swastik Grah Udhyog, 30, New Itwara Road, Bhopal (M.P.) details of which has been noted by the Food Inspector.

(3.) Petitioner No.2 received a letter on 06/03/2007 i.e. after 10 months of collection of samples, asking the petitioner company to furnish licence, nomination filed by the petitioner, certified copy of the original bill of purchase, name and addresses of the directors of the company. The copy of letter is Annexure P/4 and reply dated 08/03/2007 is Annexure P/5.