- (1.) This writ application has been filed on behalf of the petitioner for quashing the entire criminal proceeding of Complaint Case bearing No. PFA 36 of 2004 including the order dated 13-8-2004 whereby learned Court, having found prima facie case against the petitioner, took cognizance of the offence under Section 16(l)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and summoned the petitioner under Section 204 of the Code of Criminal Procedure.
(2.) The facts leading to filing of the instant application are that on 12-8-2003, Food Inspector, Nirsa, Dhanbad collected sample of Fanta from the shop of M/s. Sublime Drinks, owner of which is Bikash Chandra Majee for the purpose of its analysis. On analyzing the same, the Public Analyst, vide its report No. 173/03, dated 11-9-2003 did opine that the sample of Fanta (sweetened carbonated water) is misbranded as because the quantity of added sugar is less than the quantity declared. Thereafter, the Food Inspector filed a prosecution report against the petitioner, namely, M/s. Hindustan Coca-Cola Beverages Pvt. Ltd. as well as against the owner of the shop and also the vendors before the Sub-Divisional Judicial Magistrate, Dhanbad, who having found, prima facie case being made out under Section 16(1)(a)(i) of the Act issued summons under Section 204 of the Code of Criminal Procedure against them, vide order dated 13/8/2004.
(3.) Being aggrieved with the said order, the petitioner has filed this writ application for quashing not only the aforesaid order but also the entire criminal proceeding of the complaint case.;