CARGILL INDIA PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner is aggrieved by order dated 3.4.2006 by which cognizance has been taken for offences under Section 20 of the Prevention of Food Adulteration Act, 1954. The Petitioner is a company which has filed this quashing application through their nominee Sri Ajitabh Kumar Dubey @ Ajitabh Dubey.

(2.) The prosecution report contained in Annexure-1 indicates that Soyabin Oil was seized from the alleged premises of Ms. Cargill India Private Limited, Jakariyapur New Bypass Road, Opposite Transport Nagar, Patna. Column 6 which relates to the witnesses at the time of seizure is blank, whereas it is apparent from column 3 that the address of the accused has been mentioned at 18 Abdul Fazal Road, New Delhi and Cargill India Private Limited, Jakariyapur New Bypass Road, Opposite Transport Nagar, Patna. The order of sanction is at page 20 which indicates that sanction has been given for prosecution against Jitendra Kumar and Ors.. Jitendra Kumar is the transporter of M/s Cargill India Private Limited who has his go down at Jakariyapur, New Bypass Road, Opposite Transport Nagar, P.O. & P.S. Kankarbagh, Patna-20. The others are not indicated in the order of sanction. Apparently the order of sanction does not indicate whether company's officers i.e. M/s Cargill India Private Limited, have been considered for prosecution, as such the order of sanction is defective. This Court also notices that the norms of seizure have not be followed, inasmuch, there are no witness to the seizure.

(3.) Learned Counsel for the Petitioner submits that Section 17(2) of the Prevention of Food Adulteration Act, 1954 provides as follows: