RAVINDER KUMAR AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 482 of Cr.P.C. for quashing the complaint filed under Ss. 26, 27 and 59 of the Food and Safety Standards Act, 2006 (herein after referred to as "the Act of 2006") and for quashing the orders directing issuance of the warrant of arrest against the petitioner in Criminal Case No.829/2013 (State of M.P. Through Food Safety Officer, Guna Vs. Ajeet Jain and others) pending before JMFC, Guna.

(2.) The brief facts of the case are as follows. On the basis of a complaint filed before the JMFC, Guna by the respondents herein, notice was directed to be issued to the petitioner who was arrayed as accused No.4. On 2/2/2019, bailable warrants were directed to be issued against the petitioner and on 11/5/2019, 4/6/2019 and on 22/6/2019 non- bailable warrants of arrest were directed to be issued against the petitioner. The offender in this case is Ravi Foods Pvt. Ltd. (Unit-II) which came into existence in the year 1988 as a manufacturer of biscuits and other bakery products at Hyderabad.

(3.) According to the Ld. Counsel for the respondents, a sample of Elaichi Flavored Cream Biscuits was taken from the Food Safety Officer, Guna from one Ajeet Jain who is accused No.1 and Panchnama was prepared on spot on 23/2/2012 with regard to the seizure of the said biscuits. The sample was sent to food analyst Bhopal, which is found to be misbranded by its report dtd. 6/3/2012 and it was again sent for analysis to the CFTRI at Mysore and by report dtd. 21/5/2012, the sample was found unfit for human consumption because of the presence of Emulsifiers (322.471) (Licithin). In view of the second report from the Mysore Laboratory which reflects that the food product which was Dukes Cream, Elaichi Flavored Biscuits was found unfit for human consumption, the complaint was filed by the respondents against four persons.