HINDUSTAN UNILEVER LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the criminal proceedings sub-judice before the Court of Additional Chief Judicial Magistrate, Deeg, Bharatpur, in Criminal Case No.543/2011 State v. Bunty and Others , for the offence/s punishable under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and the petitioner has made a prayer to quash the criminal proceedings.

(2.) In nutshell, a complaint was filed before the court below by Food Inspector, pleading that during inspection on 18.4.2010, three packets of Brooke Bond Taj Mahal Brand tea, each weighing 245 gram, were bought for examination and sampling, which were later found by the laboratory to be 'misbranded' because of non conforming to Rule 42(ZZZ)(17) of the Prevention of Food Adulteration Rules, 1955 (hereinafter to be referred as 'the Rules of 1955').

(3.) Heard submissions of both the sides. Learned counsel for the petitioner has contended that Taj Mahal Brand tea, a renowned tea leaf, has got no relevance being Non-Veg and nothing of alleged misbranding has been detected nor established, sheer displaying of symbol denoting product being 'Veg' or 'Non Veg' has alleged to have not been placed at given spot, which is not tenable since commodity of tea leaf is always 'Veg' and prescribed symbol indicating inherent quality of the product was printed on the package of the product at a conspicuous spot, worthy to be spotted easily by the buyer, as such compliance of Rule 42(ZZZ)(17) has also been adhered to and there was no transgression to any provision of law. Petitioner company is a consumer product manufacturing entity of repute and has wrongly been implicated. Learned court below has erred in passing impugned order of cognizance, which deserves to be quashed and has further submitted to allow the petition and to quash criminal proceedings ; in support of his contentions, reliance has been placed on the following authorities:-