ABHISHEK ABHIRAJAN @ BABU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Application under Section 482 of the Code of Criminal Procedure has been filed to quash the order 19.7.2005 passed by the Sub -Divisional Judicial Magistrate, Begusarai in case no. 4C -2/2004 thereby and thereunder cognizance under Section 16(1)(a) of Prevention of Food Adulteration Act has been taken against the petitioner as well as revisional court 'sorder dated 21.11.2006 passed by Sri Vijay Kumar Jain, Additional Sessions Judge, Fast Track Court -Ill, Begusarai in Criminal Revision No. 16/2006 affirming the order of cognizance.

(2.) SUBMISSION of leanned counsel for the petitioner is that he is neither the owner of G.R. store nor Vishwanath Mobil House who is the whole seller of Parle -G Biscuit. In support of it, the petitioner has filed annexure -11 which is a letter of Regional Sales manager of Parle Products Limited. It is further submitted that according to the report of the Drug Laboratory, Agamkuan, the only violation alleged to be committed was non -mentioning of logo of vegeterian food required under 42(zzz) (17) of Prevention of Food Adulteration Rules 1955 but logo is to given by manufacturer of the articles and not by the seller. Therefore, it was the manufacturer who was liable for prosecution and not this petitioner or the owner of the shops in question.

(3.) THUS , having regard to the facts and circumstances of the case it is quite clear that prosecution of this petitioner on any ground is not sustainable. It is the misuse of the process of the court.