DAVID MATHEWS Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, against summoning the petitioners as accused in complaint case No. 6-3 of 2004 under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, in short 'the Act'.

(2.) In fact, M/s. Mashobra Resorts Limited is a body corporate and a Company, duly registered under the Companies Act. It has its unit at Charabara in district Shimla, running under the head and style of "M/s Wildflower Hall", a hotel, wherein Mr. Sameer Miglani was an Executive Chef and the food licence was issued in his name for and on behalf of the said hotel.

(3.) On 16th August, 2003 at about 12 O'clock, Shri L.D. Thakur, Food Inspector, inspected the premises of the said hotel at Charabara and found accused Shri Sameer Miglani conducting the business of the hotel. He had exhibited 244 x 300 ml canes of Fanta sweetened carbonated beverages on steel shelf for sale to the general public. The Food Inspector disclosed his identify and issued a notice declaring his intention to take the sample of Fanta sweetened carbonated beverage for the purpose of analysis. 3 x 300 ml. canes of Fanta were purchased out of 244 sealed canes kept for sale and made the payment of Rs. 54/-, regarding which a receipt was also obtained. The purchased canes were separately labeled and wrapped in accordance with law.