Decided on March 12,2007

V.K.TEWARI Appellant
STATE OF DELHI Respondents


Shiv Narayan Dhingra, J. - (1.) This petition has been preferred by the petitioner under Section 482 of Cr. P. C. for quashing of proceedings against the petitioner initiated by the respondent under Food Adulteration Act, 1954 (in short "the Act").
(2.) The respondent in its complaint under Section 7 read with Section 16 of the Act made four persons as the respondent. One was vendor-cum-driver, second was distributor, third the present petitioner who is chairman of M/s Parag Dairy, Noida and fourth is nominee of M/s. Parag Dairy Mr. V.K. Paliwal, in charge quality-control.
(3.) In the complaint, the complainant had mentioned that Mr. V.K. Paliwal, in charge quality control of Parag Dairy was the PFA nominee of Parag Dairy, so he was being made an accused the petitioner was made an accused because of his being General Manager and member secretary at the time of sampling. The contention of the petitioner is that once the company had nominated a person under Section 17(2) of the Act to be the in charge and responsible for the conduct of the business of the company, the general manager of the company cannot be prosecuted. The petitioner relied upon R. Banerjee and Ors. v. H.D. Dubey & Ors.. The respondent, on the other hand, has taken the stand that the nomination was not a valid nomination as the nomination was not accepted and signed by Chief Medical officer and despite repeated requests, requisite resolution of the company, appointing Mr. Paliwal as nominee, has not been filed.;

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