MANAGING DIRECTOR Vs. STATE OF M P

JUDGEMENT

(1.) This Petition under Section 482 of Cr.P.C. has been filed for quashing the complaint filed against the applicant for offences punishable under Sections 2(ia)(e) punishable under Section 7(i) and 16(1)(a) of Prevention of Food Adulteration Act.

(2.) The necessary facts for the disposal of the present application in short are that the applicant is the Managing Director cum Incharge of Marico Industries Limited. It is alleged that the complainant was posted as Sanitary Inspector and has taken training for Food Inspection and Sampling Work. By Notification dated 16-8-1991, the State of Madhya Pradesh has also conferred the powers of Food Inspector. Further the complainant has taken sanction for prosecution from Local Health Authority Deputy Director, Food and Medicine Department, Gwalior. It was alleged that on 18-12-1997 at about 2 P.M., the complainant inspected the shop of co-accused M/s Maheshwari General Stores and sample of parachute Coconut Oil 200 gms. PKD-6/97,Lot No. KN0015 was taken. Thereafter, the sample was sent to the Public Analyst, and vide report dated 24-1-1998, it was opined that the sample was adulterated. Accordingly, the complaint was filed.

(3.) It is submitted by the applicant that the applicant has been arraigned as an accused merely on the ground that he was In-charge Manager of Marico Industries Limited, Mumbai. It is submitted that there is no personal allegations against the applicant and the case of the respondent is that the coconut oil manufactured by the Marico Industries Limited, Mumbai was found to be adulterated, therefore, the prime accused is Marico Industries Limited and since, the Company has not been made an accused, therefore, prosecution of the applicant is not maintainable. To buttress his contentions, the Counsel for the applicant relied upon the Judgments of Supreme Court in the cases of Aneeta Hada Vs. Godfather Tours and Travels (P) Ltd, 2012 5 SCC 661, Anil Gupta Vs. Star India Pvt. Limited and another, 2014 AIR(SC) 3078, Charanjit Pal Jindal Vs. L.N. Metalics, 2015 15 SCC 768, Ajit Balse Vs. Ranga Karkare, 2015 15 SCC 748.