RAJESH JAIN Vs. STATE OF H P

JUDGEMENT

(1.) IN this petition, challenge has been made by the petitioners, the partner of 'm/s. Sailor's Corporation Manufacturers of P. P. Foods', to the orders dated 23-2-2008 of Judicial Magistrate, 1st Class (Court no. 3), Shimla, passed in Food Case No. 103/3 of 2002, impleading them as accused, on the application of Food Inspector moved under Section 20-A of the Prevention of Food adulteration Act 1954, in short 'the Act'.

(2.) BACKGROUND facts shorn of the unnecessary details are as follows :

(3.) ON 7-1-2002, the Food Inspector inspected the shop premises of M/s. Khalsa provision Store, Gurudwara Road, Shimla and found accused Sohan Singh its partner conducting its business. The Food Inspector purchased three sealed bottles of chilli sauce for analysis. The vendor disclosed the particulars of its manufacturer "m/s. Sailor india Corporation of P. P. Foods" under section 14-A of the Act, from whom he had purchased it and produced warranty, invoice no. 271 dated 27-12-2001. A copy of notice was forwarded to them by the Food Inspector. The sample sent for analysis was found mis-branded as 'month and year' up to which the product was best for consumption was not found mentioned on the label. After obtaining the consent of Local (Health)Authority, criminal proceedings were launched against the respondents No. 2 and 3 as also the said firm M/s. Sailor's corporation. The statutory notice under Section 13 (2) of the Act was also sent to them.