HINDUSTAN LEVER LIMITED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure is directed against the prosecution launched against the petitioner and two others.

(2.) THE allegation in the petitioner that the Food Inspector purchased 3 bottles of Pineapple Squash (Kissan Brand) on 11.06.2001 from the proprietor of M/S. Tirupati Enterprises, Smt. Dipali Banik and a receipt was issued by the seller Sri Sukumar Saha. The Food Inspector found that the bottles have been manufactured by the petitioner Hindustan Lever Limited and thereafter sent two notices in Form VI to the present petitioner i.e. the Managing Director & Manager of Hindustan Lever Limited informing them that a sample had been drawn of a bottle of squash manufactured by them.

(3.) ON behalf of the petitioners two contentions have been raised. Firstly, it is alleged that there is no compliance of Section 13(2) of the Prevention of Food Adulteration Act and therefore, the prosecution cannot proceed further since a valuable right of the accused has been taken away. It is secondly contended that the squash was meant to be consumed within one year and the prosecution should have been launched well within one year and opportunity given to the manufacturer to send the remaining sample to the Central Food Laboratory and therefore also the petitioners have been prejudiced.