RAVINDRA CHOPADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 of Cr.P.C. for quashing the criminal complaint registered at criminal case no. 2851/2011 in the court of learned Judicial Magistrate First Class, Gwalior (MP) for the offence punishable under section 7 (i) read with section 16 (1) a (i) (ii) of the Prevention of Food Adulteration Act.

(2.) Briefly stated facts of the case are that on 27.11.2010 the Food Inspector had collected a sample of "New Saffola Gold" blended vegetable oil from M/s. Ganapati Oil and Foods Ltd., Gwalior. The product was packed on 22.10.2010 and its expiry date was 22.4.2011. The sample was analyzed by the Public Analyst and was found to be adulterated and sanction for prosecution was accorded on 25.4.2011 i.e. after the expiry date of the product. Complaint was filed thereafter and the petitioner has challenged the complaint on the ground that he has been denied from his valuable right available under section 13 (2) of the Prevention of Food Adulteration Act and the complaint has also been challenged on the ground that there is no allegation in the complaint that the petitioner is In-charge and responsible to the company for the conduct of its business. Therefore, the petitioner cannot be made liable by virtue of Section 17 of the Prevention of Food Adulteration Act.

(3.) On perusal of the complaint (Annexure-A) it is clear that the petitioner Ravindra has been implicated as accused No. 8 as Manager, MARICO Ltd., manufacturer of the product. In the complaint it is mentioned that seized New Saffola Gold blended vegetable oil was showing the date of packaging 22.10.10 and it was also mentioned on the packet "best before 6 months from the date of packaging".