PIYUSH KUMAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred under Section 482 of Cr.P.C.for quashing the criminal complaint pending in the Court of JMFC, Gwalior bearing Case No.4182/2011 and for quashing the order dated 15.6.2011, whereby cognizance has been taken against the petitioner under Section 7(i) and 7(3) read with Section 16(a)1(a) of the Prevention of Food Adulteration Act, 1954 (in brevity "the PFA Act").

(2.) Facts giving rise to this petition in brief are that petitioner is the Director of M/s Dharampal Satyapal Ltd. On 23.2.2011 at 2.00 PM respondent No.1 Rajesh Kumar Gupta alongwith Food Inspector Akhilesh Singh Gangwal inspected the firm respondent No.2. Whereon Kishan Kumar Agarwal was found present and after giving him necessary notice for taking the sample of Rajnigandha Flavour Pan Masala paid the requisite price of sample and after taking sample divided it into three parts, which were sealed properly and Panchnama had been prepared. Thereafter, sealed packet was sent for chemical analysis to the Food Laboratory, Bhopal. In the analysis the sample was found adulterated, therefore, complaint had been filed against the petitioner and co-accused respondents No.2 to 4 before the JMFC, Gwalior.

(3.) Learned Magistrate has taken cognizance against the petitioner and co-accused. Being aggrieved petitioner has preferred this petition.