CARGIL FOOD INDIA LTD Vs. STATE OF HP

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 Cr. P. C. read with Article 227 of the Constitution of India seeking quashing of the proceedings as against the petitioner-Company for alleged offences under Section 7 of the Prevention of Food Adulteration Act, read with section 16, (hereinafter to be referred as pfa Act ).

(2.) BRIEFLY stated the facts of the case are that the respondent-Food Inspector filed a complaint before the learned trial Court as against Suresh Kumar under Section 16 read with Section 7 of PFA Act. The summons were issued to the said Suresh Kumar on 29. 11. 2004. On 15. 3. 2005, accused suresh Kumar moved an application under section 20-A for impleading M/s Durga flour Mills through its Proprietor kulbhushan Gupta as an accused on the grounds that the packets of Anand vanaspati Ghee of 500 ml each were purchased by accused from the said Firm. The application was supported by the original invoice and the learned trial Court allowed the said application and impleaded M/s Durga flour Mills through its Proprietor kulbhushan Gupta as an accused on that date.

(3.) THEREAFTER, another application was filed under Section 20-A by the said kulbhushan Gupta for impleading M/s navyug Traders, Parwanoo alleging that he had purchased the pouches of Vanaspati ghee from the said Firm. The application was also allowed and the said Firm was also impleaded as an accused.