VIJAY SETH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioners seeking quashing of the proceedings of the Criminal Case No. 126/1999 registered on the basis of a complaint filed by the Food Inspector, Gangapur, Distt. Bhilwara pending in the Court of the learned Addl. Chief Judicial Magistrate, Gangapur, Distt. Bhilwara for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1958 (hereinafter referred to as the Act).

(2.) Briefly stated the fact necessary for the disposal of the misc, petition are that the petitioners are said to be the Director of a Company namely M/s Kesri Vanaspati Products Ltd., Jaipur. The company at the relevant time was involved in the manufacturing and distribution of refined edible oils. On 3.9.1998, the Food Inspector, Gangapur, Dlstt. Bhilwara is said to have taken sample of mustard oil (manufactured by the Company) from the premises of a firm Kothari & Sons, owned by Mr. Raman Kothari, accused No. 1 in the complaint. The sample thus taken was sent to the Public Analyst for analysis and the Public Analyst submitted a report dated 9.10.1998 to the Food Inspector, as per which, the sample was found to be adulterated as not conforming to the prescribed standards. The intimation regarding the report was sent to the Vendor as well as the Company. The Company intimated to the Food Inspector that the 'Company had already nominated one Shiv Kumar Sharma as its nominee under Sec. 17(2) of the Act for being responsible towards the day to day affairs of the Company. A copy of the nomination duly acknowledged by the Local Health Authority, Tonk on 17.4.1998 has been placed on the record. The Food Inspector, however, chose not to take cognizance of the nomination form submitted to him by the Company and proceeded to file a complaint in the Court of the learned Addl. Chief Judicial Magistrate, Gangapur, Distt. Bhilwara for the offence under Sec. 7/16 of the Act against the petitioners and certain other Director of the Company as well as the Vendor Mr. Raman Kothari, owner of the Firm Kothari and Sons.

(3.) On the complaint thus being filed, two separate applications were filed in the trial Court for sending the second sample of the food article to the Central Food Laboratory for analysis. The application filed by the Vendor was taken note of in the order-sheet of the trial Court dated 15.4.1999. The noting on the application filed on behalf of the Company has been made on the application itself on 17.4.1999. It appears that subsequent to the applications being filed, the trial Court took no action on the same for a period of 12 years. The proceedings kept on lingering before the trial Court for almost 12 years, whereafter, suddenly on 28.11.2011, the trial Court woke up to the applications filed under Sec. 13(2) of the Act and an order has been passed by the trial Court on 28.11.2011 for sending the second sample of the edible oil to the Central Food Laboratory for analysis.