ITC LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have invoked the extraordinary jurisdiction of this Court Section 482 of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) seeking quashment of proceedings in Criminal Case No.381/2013 pending before the Judicial Magistrate First Class, Nagda, District Ujjain (MP) in furtherance of Crime No.34/2012-13 registered at Department of Legal Metrology, Weights & Measurement Inspector (Mr. P.S. Barapatra), Badnagar, District Ujjain (MP) and order dated 20.05.2013, whereby cognizance has been taken against the petitioners for offence punishable under Section 18 of the Legal Metrology Act, 2009 read with Rule 11 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 as amended by (Amendment) Rules, 2016.

(2.) The facts leading to filing of the instant petition are that the petitioners have launched some farmer friendly initiatives like e-Choupal. Through this initia- tive, it has made available to farmers in remote villages various goods and services at affordable rates and provides an easy access to markets for their agricultural goods. This e-Choupal is called Choupal Sagar / Farmer Facility Centres, so that the living standard of farmers be improved.

(3.) The petitioners have obtained necessary license for dealing in food products under the Prevention of Food Adulteration Act, 1954. On 16.07.2012, respondent - Legal Metrology Inspector, Badnagar, District Ujjain (MP) visited Choupal Sagar situated at Ingoria Road, Nagda, District Ujjain (MP) where the respondent took samples of two sealed packages of "Gagan Toor Dar", 5 Kilograms (when packed), Batch No.102, packed on 27.06.2012, MRP Rs.500.00/- letha 82 Packed on 07.05.2012 MRP Rs.400.00/- manufactured by Padam International, 23, Mangal Udyog Nagar, Indore (MP).