SANDEEP MEHTA,J. - (1.) THE instant miscellaneous petition has been preferred by the petitioners against the order dated 24.6.2006 passed by the learned Chief Judicial Magistrate Jodhpurin Criminal Case No. 214/2006 taking cognizance against the petitioners for the offence under Section 7/16 of the Prevention of Food Adulteration Act, as affirmed in Criminal Revision Petition No.29/2009 by the learned Additional Sessions Judge No.2 Jodhpur by his order dated 4.11.2009.
(2.) THE short question involved in the matter is as to whether the prosecution of the accused/ petitioners for the defence under the Food Adulteration Act, 1954 (for short, "the Act") can be permitted in relation to a failed sample of prepackaged food article after nearly five years from the date when the sample was taken. The petitioner are the Director of M/s Sun Shine Food Products, F 88-89, Bichhwal Industrial Area, Bikaner. The company manufactures savouries (Namkins) under the brand name "Bhika Ram Chandmal". The Food Inspector, Jodhpur took samples of packaged potato "Bhujiya" manufacturered under the brand-name "Bhikaram Chandmal" from the shop of "Shahi Sweets", Sabji Mandi, Ratanada, Jodhpur on 2.8.2001. The sample was sent to the Public Analyst for analysis, from where a report was received on 5.9.2001 concluding that the sample of potato Bhujiya was adulterated because the fat extracted from the Bhujiya was allegedly riot conforming to the standards prescribed for groundnut oil under the Prevention of Food Adulteration Rules and the Schedule. The Food Inspector collected information under Section 14 (A) of the Act from the vendor and it was revealed that the Bhujiya was manufactured and sold to the vendor by company Sunshine Food Products. Strangely enough, despite the report having been received regarding the sample of Bhujiya being found to be adulterated in the year 2001 itself, the consent to prosecute the accused was granted as late as on 2.5.2006.
(3.) UPON receiving the sanction to prosecute, a notice under Section 13(2) of the Act was given to both the Directors of the M/s Sunshine Food Products, which is the manufacturer of potato 3hujia as well as the vendor in the year 2006. Thereafter the complaint was presented in the Court of the learned Chief Judicial Magistrate, Jodhpur by the Food Inspector in the month of June 2006. On presentation of the complaint, the learned Magistrate proceeded to take cognizance against the petitioners and other co-accused persons by the order dated 24.6.2006. The petitioners challenged the order dated 24.6.2006 staking cognizance against them by preferring a revision petition and the revision petition filed by them came to be rejected by the learned Additional Sessions Judge No, 2, Jodhpur by the order dated 4.11.2009. Hence the instant miscellaneous petition has been preferred by the petitioners seeking quashing of the order taking cognizance as well as all the subsequent proceedings sought to be taken against them.;