NAVIN CHANDER Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) These are two applications under section 482 Crimial P.C., in which it has been prayed that the prosecution of the applicant under section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'), be quashed.

(2.) The applicant is said to be the Manager, Girdhar Agencies, Super Market Compound, Jodhpur. The Food Inspector, Municipal Council, Jodhpur, visited the said establishment on 3-6-74. In Criminal Case No. 271/74 the accusation is that the applicant Navin Chander was selling Fanta Sweetened and coloured carbonated water in bottles. The declaration of the permitted colour and preservative was not legible. It was found that adhesive declaratory label on the bottles were not proper and thus a contravention was made by the manufacturer Messrs. Jai Drinks Private Ltd., Jaipur. The two Fanta bottles were seized and they were packed and sealed.

(3.) In Criminal Case No. 366/74 the accusation is that the applicant was selling unsweetened carbonated water (Soda). The Food Inspector purchased 9 bottles of the unsweetened carbonated water (Soda). The sample taken was divided into three parts and one of the parts was sent for chemical examination, on which it was found that it is adulterated under clause (f) of sub-section (i) of section 2 of the Act. The complaint was also presented against Smt. Girdbar Kumari, Jitendra Singh and Proprietor and Manufacturer Jai Drinks Private Ltd., Jaipur.