BRITANNIA INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.81-2 dated 20.8.2007 (Annexure P-3) under the Prevention of Food Adulteration Act, 1954 (the Act for short) as well as summoning order dated 20.8.2007 (Annexure P-4) and all the consequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the complaint had been filed by the Food Inspector for violation of provisions of Rule 32 of the Prevention of Food Adulteration Rules, 1955 ('Rules' for short) as the complete address had not been given by the manufacturer while giving its address. Learned counsel has further submitted that in fact on the packing of the biscuits it had been specifically mentioned that they had been manufactured by Britannia Industries Limited, 5/1A Hungerford Street, Kolkata 700 017. Hence, there was sufficient compliance of Rule 32 of the Rules. The fact that the name of the state was not mentioned, was inconsequential as the place of manufacture with pin code had been duly mentioned on the biscuits in question. Learned counsel for the petitioner has placed reliance on 'R.K.Mittal versus Dr. B.Roy Chaudhary and another ,1985 1 FAC 140, wherein it was held as under:-

(3.) Learned counsel for the petitioner has further placed reliance on 'Hindustan Lever Limited versus Government Food Crl. Misc. No. M-2608 of 2011 (O&M) 3 Inspector, Hoshiarpur and another' decided by a Division Bench of this court in Criminal Miscellaneous No. M-40359 of 2007 on 18.7.2011 wherein it was held as under:-