BRITANIA INDUSTRIES LTD. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2014-12-277
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on December 18,2014

BRITANIA INDUSTRIES LTD. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) These four petitions under section 482 Code of Criminal Procedure (For short Cr.P.C.) have been filed by the petitioner M/s Britannia Industries Ltd to quash the criminal complaints with all consequential proceedings initiated against the petitioner for contravention of Rule 32 (e) of Prevention of Food Adulteration Rules, 1955 (Hereinafter referred to as the ''Rules') which were framed under the authority conferred upon Central Government by section 23 (1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the ''Act').
(2.) Since all these petitions have almost similar facts and the question of facts and law involved therein are also similar therefore these petitions are being disposed of by a common order.
(3.) In Cr. M.C.No.2800 of 2005 criminal complaint No.2625 of 2004, State Vs. Rajesh Kumar Gupta and others was sought to quashed. This case relates to a sample of sealed packets of 125 grams each of Britannia Tigar Biscuit taken on 13.3.2002 from the premisses of Rajesh Kumar Gupta situated in Sadar Bazar, Shastri Nagar, District Unnao by Food Inspector O.P.No.2 which admittedly does not contain batch number, the declaration of which was required on each packet in view of rule 32 (e) of Rules. For Contravention of rule 32(e) the prosecution has been launched against the petitioner manufacture and dealer under section 7 read with section 16 of the Act, in the Court of Additional Chief Judicial Magistrate Ist Unnao.;


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