NIRMA LIMITED Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. for quashing of the proceedings of Criminal Case No. 1928/2010 pending before Chief Judicial Magistrate, Satna registered on the complaint of Food Inspector District-Satna/non-applicant No. 2.

(2.) Brief facts of the case which are relevant for just disposal of the present case are that on 15.01.2010 at about 03:30 pm non-applicant No. 2/Food Inspector Mr. Lakhan Lai Kori inspected Gyanchand Kirana Store situated at Shiv Chowk, Virsinghpur which was owned by the co-accused Gyan Chandra Gupta. Subhash Chandra Gupta son of co-accused Gyan Chand Gupta was present there. He took the sample of one packet of Nirma Pure Salt from co-accused Subhash Chandra Gupta and sent it to Public Analyst. The report of Public Analyst was received on 18/02/2010 according to which the said salt (Nirma Pure Salt) had been adulterated. It was also found that the said packet of Nirma Pure Salt was bought by the co-accused Gyan Chandra Gupta from co-accused Babulal Pandey owner of Maa Sharda Traders situated at Lalta Chowk, Satna who informed the food inspector that he bought that packet of salt from Nirma Limited registered office Nirma House, Ashram Road Ahmedabad. On that, food inspector filed complaint against the co-accused Subhash Chandra Gupta, Gyanchand Gupta, Babulal Pandey and applicant M/s. Nirmala Limited after getting written consent from Deputy Director, Health Administration Satna. On that complaint trial Court took the cognizance against the applicant and other co-accused persons for the offence punishable under Section 7(1) r/w 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act') and issued warrant against them for securing their presence and fixed the case on 29/10/2010 for appearance of applicant and other co-accused. Applicant appeared before the trial Court on that date and filed an application under section 13(2) of the Act for sending second part of the sample of salt (Nirma Pure Salt) to Central Food Laboratory for analysis. Learned trial Court allowed that application vide order dated 01/11/2011 and directed to non-applicant No. 2/Food Inspector to produce the second part of sample for sending it to Central Food Laboratory for analysis and fixed the case on 10/11/2011. The second part of sample was produced before trial Court on 10/11/2011. On that trial Court directed the applicant to produce draft of Rs. 1000/- as analysis fees for sending second part of sample for analysis to Central Food Laboratory, Ghaziabad. The applicant did not produce the draft of analysis fees before trial Court for sending second part of the sample to trial Court and, he filed this petition for quashing of proceeding of that criminal case.

(3.) Learned counsel for the applicant submitted that the non-applicant No. 2/Food Inspector took sample on 15/01/2010 and the report of Public Analyst of that sample was received on 18/02/2010. While non-applicant No. 2/Food Inspector filed complaint against the applicant on 06/07/2010 almost after seven months of taking sample. Applicant appeared before the trial Court on 06/07/2010 and applied for analysis of second part of Nirma Pure Salt under Section 13(2) of the Act on 05/08/10 but non-applicant No. 2/Food Inspector did not produce the second part of the sample before the competent Court almost more than one year. It is very categorically mentioned on that sample that the sample is best before 24 months from the date of manufacturing for human consumption, therefore, the delay in submitting the second sample before the learned Court below by the non-applicant No. 2/Food Inspector has resulted into extinguishing a valuable right given to the applicant to have second sample re-analysed and to prove his innocence, so proceeding be quashed.