R.S. SODHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the petitions, common questions of fact and law are involved and both the petitions are arising out of same FIR and order taking cognizance, that is why both the petitions are being heard together.

(2.) These petitions have been filed for quashing the entire criminal prosecution being GOCR No.12 of 2006 (T.R. No.1153 of 2012) under Sec. 16(a) of the Prevention of Food Adulteration Act, 1954 including the order dtd. 11/9/2012 passed by the learned 1st Additional Sessions Judge, Deoghar in Criminal Revision No.74 of 2012 as well as the order taking cognizance dtd. 11/8/2006, pending in the court of the learned Judicial Magistrate, Deoghar.

(3.) The case was filed alleging therein that on 21/7/2006, the Food Inspector collected a sample of Amul Kool from the co-accused Sonu Kumar Ghosh and sent the same to public analyst as required under Sec. 10(4) of the Act, 1954. The Public Analyst reported that the sample of Amul Kool is misbranded as manufacturing date and batch number etc. are not mentioned on the bottle. On the basis of the aforesaid allegations, the prosecution report was filed against the petitioners, who are Managing Director of Gujarat Co-operative Milk Marketing Federation Limited, Anand, Gujarat and the Managing Director of Basundhra Dairy, Nagpur.