PRAKASH DESAI Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition, under Section 482 of the Code of Criminal Procedure (for brevity 'the Code'), for quashing of the criminal proceedings pending as Complaint Case No. 4837/2006, before Shri B. R. Yadav, JMFC, Sagar.

(2.) The petitioner stands prosecuted as the person nominated by the manufacturing company under Section 17(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') for the offence punishable under Section 7(ii) read with Section 16(1 )(a)(i) of 'the Act. Cognizance of the offence has been taken upon complaint made by Shivraj Pawak, Food Inspector, Food and Drug Administrration. Distt. Sagar against the petitioner, vinod Kumar and Prafulla Patel (arraigned as accused Nos. 2. 1 and 3 respectively).

(3.) Relevant contents of the complaint, filed on 25.09.2006 may be summarized as under: On 8.6.2001 at about 2.30 p.m., R.K. Jain, the Food Inspector, inspected the shop run by Vinod Kumar under the name and style of "Natraj Sweets' situated in Civil Lines at Sagar. By paying an amount of Rs. 30, the Inspector purchased 3 bottles containing water, each carrying label specifying these particulars: