SANDEEP TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken up for final hearing through video conferencing.

(2.) Petitioner herein, being one of the co-accused in criminal case No. 171/2011, seeks quashment of that pending criminal trial including the charge-sheet filed against him by the respondent for offence punishable under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter called as "the Act of 1954") on the following factual backdrop :-

(3.) It is the case of the petitioner that Hindustan Unilever Ltd. had filed a petition i.e. Cr.M.P. No. 130/2012 seeking quashment of the criminal proceeding pending against him in Criminal Complaint Case No. 171/2011 which was dismissed by this Court on 07/05/2012 (Annexure P/5) holding that the period during which the product was to be used i.e. the best before date has not been mentioned and the petitioner therein i.e. Hindustan Unilever Ltd. has not exercised the right available under Section 13(2) of the Act of 1954 to analyse the sample from the Central Food Laboratory. Hindustan Unilever Ltd. thereafater filed an SLP which was dismissed as withdrawn.