NATIONAL DAIRY DEVELOPMENT BOARD Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-7-59
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 10,2012

M/s. National Dairy Development Board Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under Section 482 of Cr.P.C., the petitioners have challenged the order dated 17.03.2012, passed by Additional Sessions Judge/2 nd Fast Track Court, Dehradun, in Criminal Revision No. 43 of 2009, whereby said court has affirmed the decision of the trial court to frame charge against the petitioners in respect of offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954, in Criminal Case No. 1656 of 2001, Food Inspector Nagar Nigam Vs. Vishwamitra Rekhi and others, pending in the court of Additional Chief Judicial Magistrate 1 st Dehradun.
(3.) Learned counsel for the petitioners submitted that the petitioners are the Officers of M/s National Dairy Development Board, and they had no criminal intention in the matter. M/s National Dairy Development Board was simply a packaging and marketing authorized agent of the product "DHARA" mustard oil, which was sold through various outlets in India. It is further submitted that PW-1 Sheoraj Singh Yadav, Food Inspector has himself stated in the statement under Section 244 of Cr.P.C., that he was told about the sample taken that it was not meant for sale. In this connection, attention of this Court is also drawn to the annexure No. 5 to the petition, which is the copy of Form VI issued by the Food Inspector at the time of taking the sample. In the said document also it is mentioned that the product was restrained from being sold by the M/s Natitional Dairy Development Board.;


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