KEKI BOMI DADISETH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 1. By this application under section 482 of the Cr. P. C. , the petitioners seek to quash and set aside the order passed by the judicial Magistrate, First Class, Wani in Criminal case No. 66/99 directing issuance of process against them and other accused.

(2.) THE facts which are relevant for the purposes of this application are that on 13-3-1996 the Food Inspector/complainant visited the shop of accused No. 1. After disclosing his identity, he purchased 3 bottles of Kissan Mixed Fruit Jam alongwith other food articles. He paid for the same. After following the due process, the sample was sent for analysis and as per the report it contains sulphur di oxide more than prescribed limit. After obtaining the consent letter dated 11-5-1999, the complainant filed complaint against 14 accused persons including the present petitioners for the offences punishable under sections 7 (i) r/w. 2 (ia) punishable under Section 16 (1) (a) (ii), Section 7 (v) r/w. Rules 54 and 55 (6)punishable under Section 16 (l) (a) (ii) and section 17 of the Prevention of Food adulteration Act, 1954. By the order dated 7-1-2004, the Magistrate directed issuance of process against all the accused.

(3.) ACCUSED No. 1 as stated earlier is the Proprietor of the shop. A perusal of the complaint reveals that accused No. 2 is the Branch manager and nominee of M/s. Brooke Bond lipton India Limited and accused Nos. 3 to 13 are the Directors of the said Company. Accused no. 14 is the Company.