ADHIRAJ AMAR KANNHAIYALAL SARIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the respective Counsel appearing for the parties.

(2.) Rule. With the consent of the parties, the application is taken up for final disposal at the admission stage.

(3.) The applicants are praying for quashment of criminal proceedings initiated in pursuance of lodging of complaint by the respondent herein before the Additional Chief Judicial Magistrate, Nagpur in respect of commission of offences under Section 7(i) read with Sections 2(ia)(a), 2(ia)(m) punishable under Section 16 of the Prevention of Food Adulteration Act, 1954 (for short, the Act, 1954). The applicants No. 1 to 4 and 6 to 9 are the Directors of respondent No. 5-the Company. Food Inspector Mr. S. Deore, the complainant before the trial Court, visited the premises of M/s. Guru Nanak Kirana and General Stores situated at Pawani, Tahsil Ramtek, District Nagpur and drew sample of Kachi Ghani mustard oil. Dalda Brand kept for sale in the grocery shop. The Food Inspector purchased 4500 ml. of mustard oil contained in 9 packed bottles each containing 500 ml. He served notice as contemplated under Section 14A of the Act, 1954 upon a person who was present in the shop requiring him to disclose the name of the persons from whom he purchased the said mustard oil. The samples taken by the Food Inspector were sent for analysis to the Public Analyst and Test Report was received on 24/02/2009 disclosing therein that the samples taken by the Food Inspector and sent for analysis do not confirm to the prescribed standards. Thereafter, the Food Inspector submitted all the papers to the Sanctioning Authority with a view to secure sanction for prosecuting the accused. The complainant received order in respect of sanction from the higher officials on 06/01/2010 and thereafter he proceeded to file complaint before the Court of Additional Chief Judicial Magistrate, Nagpur on 20/02/2010. On the same day, Local Health Authority sent notice under Section 13(2) of the Act, 1954 to the accused informing them of presentation of the complaint to the Court.