SANJAY KUMAR GUPTA, J. - (1.) Through the medium of instant petition, filed under Section 561-A Cr.P.C., the petitioner seeks quashment of Complaint (Annexure- A) dated 20th May, 2003 titled, "Jammu Municipal Corporation v. Ashok Kumar and Another " filed by the Jammu Municipal Corporation, i.e., respondent No. 1 herein in the Court of Special Municipal (Mobile) Magistrate 1st Class, Jammu against him on the grounds that the petitioner manufactures its Pillsbury Atta in the Northern Region of India through one of its co-packers M/S Mix Flora Pvt. Ltd. Most of the supply of the petitioner's Pillsbury Atta in the Northern Region of India is made from the above said Co-packer situated at 154 and 155 D.S.I.D.C. Industrial Area, Narela, Delhi. The manufacturing and processing of the petitioner's Pillsbury Atta at the said co-packing unit is done automatically and the packaging of the petitioner's Pillsbury Atta at the said co-packing unit is done manually. The petitioner has worldwide accepted Good Manufacturing Practices (in short, GMP) and Hazard Critical Control Point (in short, HACCP) procedures in place for quality manufacturing.
(2.) It is stated in the instant petition that the petitioner has been falsely and frivolously implicated in the proceedings in a Complaint under section 7/16 of the Prevention of Food Adulteration Act, 1954 ( hereinafter referred to as the Act).
(3.) It has further been stated that reading of the whole Complaint and in particular, the enclosures as mentioned at Page No. 3 of the Complaint does not carry an iota of prima-facie evidence much less the substantial evidence that the alleged sample was taken from the bag of Pillsbury Atta, of which the petitioner is the manufacturer. This important aspect of the matter came into the knowledge of the petitioner through one of its authorized representative, who for the first time put in appearance before the Trial Court on the date, i.e., 26th September, 2003, on which the alleged sample was required to be sent for re-examination by the Central Food Laboratory pursuant to an application made under section 13(2) of the aforesaid Act by the petitioner. On the next date, i.e., on 27th September, 2003 when the alleged sample was brought before the Hon'ble Court by the complainant himself that the said alleged sample did not carry any bearing on it that the said alleged sample is of the petitioner's Pillsbury Atta.;