IN-CHARGE, HINDUSTAN LEVER LIMITED, (NOW KNOWN AS HINDUSTAN UNILEVER LIMITED) Vs. STATE OF MADHYA PRADESH, THROUGH S S KUSHWAHA, FOOD INSPECTOR

JUDGEMENT

(1.) This petition has been filed under Section 482 of the CrPC for quashment of the complaint of Criminal Case No.2473 of 2007 pending before the Court of Judicial Magistrate, First Class, Gwalior insofar as the complaint is related to the petitioner.

(2.) The facts which are necessary for adjudication of the petition are given below :-

(3.) Learned Senior Counsel Shri Surendra Singh for the petitioner having referred to the report of Public Analyst dated 29.1.1997 in detail submitted that the Public Analyst has declared the noodles misbranded because it tested positive for MSG and there was no declaration of MSG over the package of sample. Therefore, it is prima facie a case of violation of Rule 42 (s) of the Rules. He further submitted that the report is silent on the two points namely percentage of MSG present in the sample and MSG is added in the sample from outside source or it is present in natural form. He contended that the declartion as per Rule 42 (S) of the Rules is mandatory only when MSG is added from outside source. Since MSG has not been added in the noodles by the manufacture the declaration as per the said rule over a package of noodles is not required. In support of the contention, reliance is placed upon the decisions rendered by the Madhya Pradesh High Court and Chhattisgarh High Court in the matters of C.L.Yadav and another Vs. State of M.P and another, 2007 1 FAC 357, and Vinay Hegde Vs. State of Chhattisgarh and others, 2012 2 FAC 375, respectively. After referring to the orders of the Calcutta High Court and the Bombay High Court, he further submitted that the Brooke Bond Lipton India Ltd is amalgamated with the Hindustan Lever Ltd, now known as Hindustan Unilever Ltd, with effective from 20.3.1997. He further submitted that the alleged offence committed by the Brooke Bond Lipton India Ltd in the year 1996 i.e. before its merger with the Hindustan Lever Ltd. He contended that as per the settled law, the criminal liability of the Brooke Bond Lipton India Ltd cannot be transferred to the Hindustan Lever Ltd on amalgamation. In support of the said contention, reliance is placed upon a decision rendered by the Bombay High Court in the case Hindustan Lever Ltd. Vs. State of Maharashtra,2009 2 FAC 4. He also drew the attention of this court to an order dated 31.3.2016 passed by the Food Safety and Standards Authority of India regarding the clarification of use of MSG as flavour enhancer in seasoning for Noodles and Pastas and its letter dated 2.8.2016 regarding the pending cases under the PFA Act. Upon these submissions, learned Senior Counsel for the petitioner prayed to quash the complaint and subsequent proceedings of the case in respect of the petitioner.