B.N.Katju, J. - (1.) This is an application filed by M/s. Hindustan Lever Ltd, Ghaziabad (hereinafter referred to as applicant No. 1) and Shri P.K. Banerjee, factory Manager of M/s. Hindustan Lever Ltd. (hereinafter referred to as applicant No. 2) under Section 482 Cr.P.C. to quash charge under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act in the Court of Chief Judicial Magistrate, Ghaziabad.
(2.) It is alleged in the complaint filed by the Chief Food Inspector dated 3-10-77 that he went in the premises of applicant No. 1 at about 11 a.m. and found a tanker lorry No. DHG 282 standing there containing seasame oil (Til oil) sealed under the seal of applicant No. 1. The applicant No. 2 informed the complainant that the said tanker contained seasame oil which had been sold to the applicant No. 1 by Jagdish Prasad representative of M/s. India Oil and General Mills. The complainant asked applicant No. 2 to give him a sample of the said oil but the applicant No. 2 refused to do so and told the complainant that the sample should be taken after he had called the owner of the oil. At 4 p.m. on the same day applicant No. 2 called Jagdish Prasad who admitted that he was the representative of M/s. India Oil and General Mills and had supplied the applicant No. 1. The complainant thereafter purchased 375 grams of oil on payment of Rs. 3-20 for analysis. The oil was declared to be adulterated by the Public Analyst, U.P. by his report dated 1-7-77.
(3.) It is alleged in the complaint that applicant Nos. 1 and 2 and are guilty under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act as the said oil was stored in the premises of applicant No. 1 and was sealed under the seal of Applicant No. 1 and applicant No. 2 refused to give sample to the complainant.;