SONA SPICES SUPPLIERS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a peculiar case of its own type in which the petitioner has approached this Court for the third time by filing a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), praying for exercising courts inherent jurisdiction for quashing the complaint, the charge and the other resultant proceedings in a case pending before the Court of Chief Judicial Magistrate, Mandi, for offence under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act).

(2.) A resume of few dates and facts will highlight the circumstances under which the instant petition came to filed by the petitioner.

(3.) On 7th May, 1980, the Food Inspector, Mandi, took a sample of Agmark Haldi powder under the provisions of the Act and the rules framed thereunder for analysis from one Rajinder Mohan. According to the information supplied by the vendor and as per the description given on the packets of the food sample, manufacturer thereof was stated to be the petitioner, which was described as "M/s, Sona Spices Suppliers, 50, Industrial Area, Chandigarh", As per the report of the Public Analyst, Punjab, dated 3rd June, 1980, the sample was found to be adulterated one. Ash insoluble in dilute HC1 was found to be 1 5 % against the maximum prescribed standard of 1.50% The same was also found to contain 0.45% of grit. The Medical Officer (Health) thereafter sent the requisite information to the manufacturer alongwith the copy of the report of the Public Analyst informing that in case it intended to get the sample analysed by the Director Central Food Laboratory, a requisite application may be filed in the Court of Chief Judicial Magistrate, Mandi, within 10 days. On 18th March, 1981, the complaint was lodged against the said vendor Rajinder Mohan and the petitioner, the manufacturer. On 9th April, 1981. From the perusal of the documents filed alongwith the complaint, prima facie case was found against both the accused under section 16 ( ) (a) of the Act. Accordingly, the accused were directed to be summoned for 27th May, 1981. On 17th May, 1982, the trial Magistrate recorded the following order: - "In this case accused firm M/s Sona Spices Suppliers 50 the Industrial Estate Chandigarh is not being served and from the report of the summons, which were issued thrice, all through the report has been coming that there is no firm of the name and style as above at 50 -lndustrial Area, Chandigarh. From the cash memo shown to me by the present accused it appears that the summons have been issued at the correct address of the firm The present accused also produced another cash memo showing that the firm is now named and styled as "Sona Spices Pvt. Ltd. 136 -140/50, Industrial Area/ Chandigarh -160002. It appears to me that the present firm ii the successor firm of Sona Spices Suppliers and thus is liable for any acts of the previous firm. Since the case is being delayed unnecessarily to the prejudice of the present accused and from the record it appears that in case ordinary summons are issued against this firm service may not be possible. Therefore bailable warrant in the sum of Rs. 2,000 against the Managing Director of the firm of M/s Sooa Spices Pvt Ltd 136 -40/50 Industrial Area, Chandigarh -110002 be issued for his production in the Court on 29 -6 -1c82. The police be directed to get the warrant executed by adopting special measures as the case has been unnecessarily delayed. -