PUNEET SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed for quashment of criminal complaint filed by the respondent, which is pending before the Court of Judicial Magistrate First Class, Sardarpur, District Dhar (M.P.) in Criminal Complaint No.RCT 361/2014.

(2.) The necessary facts for the disposal of present petition in short art that on 15/10/2013 Shri Mahendra Kumar Verma, Food Safety Officer, Food and Drug Administration, Dhar inspected the premises of Swastik Agency at Raigarh. Co-accused Rakesh Jain, who is the Proprietor of the said Agency was present at the said premises. Shri Mahendra Kumar Verma took a sample of Cadbury Dairy Milk Fruit & Nut Chocolate, which was sent to the Public Analyst, Bhopal. As per the report dtd. 1/11/2014 the same was declared to be adulterated as it was insect infected.

(3.) During the investigation, it has been found that the aforesaid product was manufactured by Cadbury India Limited and being the Nominee/Assistant Manager, present petition Puneet Sharma has been implicated as an accused. After completion of investigation, written complaint has been filed by Shri Mahendra Kumar Verma, Food Safety Officer before the JMFC, Sardarpur, District Dhar, who took cognizance of the offence and issued process against the accused person and vide order dtd. 15/11/2011 charges under Sec. 26(2)(i) and 59 of the Food Safety and Standards Act, 2006 (hereinafter referred to as "Act of 2006") have been framed against the petitioner. Hence, this petition is filed.