R SUBRAMANIUM Vs. STATE OF M P

JUDGEMENT

(1.) Invoking extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, petitioner has filed this petition for quashing the proceedings in Criminal Case No. 337/02 pending in the Court of J.M.F.C., Seoni, for an offence punishable under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the "Act").

(2.) Facts leading to filing of this petition succinctly narrated are thus : A complaint for an offence punishable under Section 7/16 of the Act was filed against the petitioner and four other persons. The case of the prosecution is that on 25-6-93, respondent No. 2 Food Inspector, Seoni lifted a sample of Flora Sunflower Oil from the shop of Girdharilal Khemka. On analysis, this oil was found to be adulterated. The article in question was manufactured by Lipton India Limited. At the relevant time, Chandra Kant Pisse, accused No. 5, was the Branch Manager of Lipton India Limited, Nagpur Branch. At that time petitioner was posted as Commercial Manager of this Branch. It was the Nagpur Branch which supplied the oil in question.

(3.) It is alleged in the petition that Chandra Kant Pisse was the nominee of Nagpur Branch, Lipton India Limited. He had accepted the nomination on 17-9-92. The nomination was then dispatched to the Local Health Authority, Bhopal which had been accepted by him. A photocopy of the nomination has been filed with the petition. This nomination was in force on the date of the commission of the alleged offence. Earlier also, petitioner had filed a petition in this Court for quashing of the proceedings which was numbered as M.Cr.C. No. 1455/97/. By order dated 2-1-01, this Court directed the petitioner to file an application before the trial Magistrate for discharge. The trial Magistrate was directed to decide such application before proceeding with the case. Accordingly, petitioner filed an application before the trial Magistrate praying for discharge. Vide order dated 10-10-03, learned trial Magistrate rejected the petition.