HEMANT GROVER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is for quashing of complaint Annexure P-3 dated 01.2.2008 and order Annexure P-5 dated 22.5.2009 vide which the petitioner is ordered to be summoned to face the trial under Section 16.1(a)(i) of Prevention of Food Adulteration Act, 1954.

(2.) The petitioner is a dealer, who deals in sale purchase of soda water. He purchased the soda water from M/s Neelkanth Enterprises V.P.O. Danewala (Malout) and further sells the same to various shopkeepers on demand and retail invoice No.938 dated 26.7.2007. He further sold it to Shri Surinder Kumar-respondent No.3. The said club soda carbonated water is sealed item having been purchased in 100 boxes from M/s Neelkanth Enterprises, Malout. The petitioner is neither to add anything in it nor to extract anything from it, these are purchased in sealed boxes and further sold in sealed boxes. The petitioner is not involved in manufacturing of the club soda. The Food Inspector, Fatehabad visited the shop of respondent No.3 and took sample of friends club soda corbonated water. The sample was further sent to the public analyst, who vide his report (Annexure P-2) dated 2.11.2007 declared it to be a misbranded one. The complaint (Annexure P-3) under Section 7 and 16(a)(i) of the Prevention of Food Adulteration Act was filed before the Judicial Magistrate 1 st Class, Fatehabad against respondent No.3.On the application dated 6.3.2009 (Annexure P-4) made by the Food Inspector, the petitioner was impleaded as party. The Judicial Magistrate 1 st Class, Fatehabad vide order dated 22.5.2009 (Annexure P-5) impleaded the petitioner and further ordered to summon him as accused to face the trial.

(3.) Mr. Harpinder Singh, Advocate counsel for the petitioner sought quashing of complaint (Annexure P-3) and the summoning order (Annexure P-5) on the ground that the petitioner has merely a distributor of the club soda. He has purchased this club soda from M/s Neel Kanth Enterprises. The retail invoice is Annexure P-1 dated 28.7.2007. The sealed sample collected by the Food Inspector from the shop of Surender Kumar to whom the petitioner had sold the club soda was found misbranded.