RAMESH VANGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by one Ramesh Vangal, Managing Director of Pepsi Foods Limited, New Delhi, for quashing of complaint, Annexure P-2, summoning order, Annexure P-3 and the proceedings initiated thereon, against him, under Sections 7 and 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act), pending before Chief Judicial Magistrate, Sangrur.

(2.) IN brief, the facts are that on 28.11.1991, Food Inspector visited the factory premises of Pepsi Foods Limited, situated at village Channo, District Sangrur, and lifted a sample of 'Iodized salt' lying in polythene packets which were supplied by M/s Indus Diet Specialities Pvt. Ltd., Mohali, Chandigarh. The sample was divided into three equal parts. One part of the samples was sent to the Public Analyst, who found that the water insoluble matter of the contents of the sample is 1.28% against the maximum prescribed standard of 1.0%. On the basis of the said report, the Food Inspector filed a Complaint in the court of Chief Judicial Magistrate, Sangrur, under Sections 7 and 16 of the Act, against one Kanish Malik, Production Manager of the company, who was arrayed as respondent No. 2, and against the petitioner who at the relevant time was the Managing Director of the company. Vide order dated 9.4.1992, the Chief Judicial Magistrate, Sangrur, summoned the Production Manager as well as the petitioner. Petitioner is seeking quashing of the complaint and the summoning order, on the ground that there is no allegation made in the complaint that the petitioner was the in-charge of the day-to-day business affairs of the company's unit.

(3.) MS . Vanita Sapra, Advocate, for the petitioner, in support of grounds for quashing has placed reliance upon judgments in Municipal Corporation of Delhi v. Ram Kishan Rohtagi and others, AIR 1983 SC 67. R. Banerjee and others v. H.D. Dubey and others, AIR 1992 SC 1168 and Girdhari Lal Gupta v. D.N. Mehta and another, AIR 1971 SC 2162.