LAWS(RAJ)-2008-2-17

RAMESH CHANDRA JAIN Vs. STATE OF RAJASTHAN

Decided On February 01, 2008
RAMESH CHANDRA JAIN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482, Cr. P. C. has been filed against the order dated 31-7 2001 passed by the learned ACJM Kishangarh, District, ajmer, whereby he has framed charge against the petitioners for the offence under section 7/16 of the Prevention of Food adulteration Act, 1954 as well as the order dated 18-2-2002 passed by the Additional sessions Judge, Kishangarh, District Ajmer in the revision petition confirming the aforesaid order passed by the learned Magistrate.

(2.) BROADLY speaking, the facts of the case are that Ajmer Bottling Private Ltd. Parabatpura, Ajmer is a Private Ltd. Company, which had been registered under the indian Companies Act. The said Company was producing aerated water and cold drinks. The petitioners and Shri E. N. Contractor were the promoters of the aforesaid company. The article of association and the memorandum of association of the Company also mentioned the present petitioners as its promoters.

(3.) THE non-petitioner No. 2, the Food inspector, posted at Head Quarter, Beawer, on having doubt about the purity of the product, purchased nine bottles of Zef Orrange on 30-4-1987 at Bus Stand, Roopangarh for an amount of Rs. 36/ -. The said product was sent for examination to the Public Analyst at Ajmer and on having found the same to be adulterated, charge-sheet under Section 7/16 of the said Act was filed against the petitioners, Shri E. N. Contractor, mahaveer Agency, Shri Kailash Chand. 'the proprietor of Mahaveer Agency, Ajmer and also against the Ajmer Bottling Private Limited, Ajmer.