JAYESH CHOLERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These are two petitions filed under Sec. 482 Crimial P.C. for quashing of the complaint and the summoning order dated 23.05.2007, passed by the Chief Judicial Magistrate, Ludhiana in a complaint filed under Sec. 16 read with Sec. 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (here-in-after referred to as the Act).

(2.) Brief facts relevant for adjudication of the petitions are that the Food Inspector along with the SMO of PHC Sahnewal, Ludhiana visited Country Inns & Suits at Ludhiana and found 5 kg. of Paneer kept in a steel tray and in possession of Anand Vijay, the F & B Manager of Country Inns & Suits, Feroz Gandhi Market, Ludhiana. The complainant disclosed his identity and demanded a sample of Paneer for analysis. A notice in writing was issued in form VI prescribed under the Act and 750 grams of Paneer was purchased for Rs. 75.00, against receipt Annexure C-3 which was signed by the accused, the complainant and the witness. After the sample was purchased, it was made homogenous and divided into three equal parts and put in three dried and clean glass bottles. The necessary formalities were undertaken. It would not be relevant to detail the procedure that followed as that is not necessary. The samples were sent for analysis. The Public Analyst, Chandigarh vide its report Annexure C-6 found the samples to be adulterated and accordingly a complaint was filed. The Chief Judicial Magistrate, Ludhiana vide order dated 23.05.2007 summoned the General Manager of Country Inns & Suits and the Manager F & B.

(3.) The petitioner Jayesh Cholera, the General Manager had pleaded that he had no knowledge of the pendency of the complaint or the summoning order as he had left the service and he was out of Ludhiana and he learnt about it in 2011 in a meeting and inspected and verified from the record and came to know of the order. The petitioner has pleaded that there were no specific averments or allegations against him and the complaint had not been filed against the Company and therefore, the order summoning him should be quashed. It was also pleaded that the Paneer was purchased from Food and Beverage Manager and thus he would be a person deemed to have been nominated and there was no reason to array him as an accused and the proceedings against him were an abuse of the process of law.