KRIPA SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, and the learned Counsel appearing on behalf of the opposite party No. 2 as also the learned Counsel for the State.

(2.) The petitioners seek quashing of the First Information Report registered as Sheikhpura PS Case No. 151 of 2003 as also the order of cognizance thereupon dated 3-1-2004 under Section 16 of the Food Adulteration Act, 1954 read with Section 63 of the Copy Right Act, Sections 78 & 79 of the Trade and Merchandise Marks Act and Sections 406, 419 & 420 of the Penal Code.

(3.) The FIR alleges that the Informant, an Executive Magistrate purchased two bottles of cold drinks (Sprite) from the shop of one Arun Prasad. Fungus like material was seen in the bottle which was also emitting a foul smell. Arun Prasad conceded having got the same from the petitioners who are wholesalers. The petitioners are alleged to have acknowledged sale of the cold drink to Arun Prasad. The petitioners were suspected to be selling fungus infected harmful cold drink by manufacturing the same at local level, thus supplying spurious products in the market. It was also learnt that the petitioners were supplying such spurious produce in rural areas leading to people suffering diarrhoea and illness,