NALIN BHANDARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the impleadment of petitioner Nalin Bhandari who is alleged to be the proprietor of M/s D.S. Foods Ltd. Village and post office Raison, Kullu, District Kullu, H.P. as an accused under Section 20-A of the Prevention of Food Adulteration Act in short, 'the Act' vide order dated 14.1.2008 passed by the learned Judicial Magistrate 1st Class (1) Shimla in compliant case No. 2/3 of 09/04 RBT No. 102-3/09/04 titled State v. Sushil Kumar, under Section 16 (1) (a) (i) of the Act. In short, facts giving rise to the present petition can be stated thus. On 17.4.2004, Shri L.D. Thakur, Food Inspector, posted in M.C. Shimla intercepted the premises of "Hotel Samrat Regency", The Mall Shimla and found accused Sushil Kumar respondent No. 2 selling 'Rohtang Natural Mineral Water'. He had exhibited eight bottles of one liter each for sale to the general public.

(2.) Finding grounds to proceed against Sushil Kumar under the Act, he was summoned as an accused and on putting appearance, he moved an application under Section 20-A of the Act with a prayer to implead 'M/s Gainda Mal Hem Raj, The Mall Shimla' as accused No. 2, since the Mineral Water, as stated in the complaint, was purchased by him from Gainda Mal Hem Raj Regency 67/68, the Mall Shimla vide bill Ext. AW1/A on 3.4.2004 which fact, at the relevant time, was brought to the notice of Food Inspector but despite that he failed to take action against the aforesaid distributor/dealer and the applicant had purchased the Mineral Water from the said Dealer and it was sold in the same condition as delivered by the said Dealer.

(3.) The evidence was led by accused Sushil Kumar, vide order dated 7.11.2005, respondent No. 3 M/s Gainda Mal Hem Raj was arrayed as accused No. 2 through its proprietor Shri Avinash Jain.