- (1.) In this petition filed under Article 226 of the Constitution of India the prosecution against the petitioners for the offences under Sec. 16(1)(i)(ii) of the Prevention of Food Adulteration Act, 1954 is sought to be quashed.
(2.) Mr. Pandey Neeraj Rai, learned counsel appearing for the petitioners has assailed the prosecution on various grounds but we are concerned in this case with only two grounds, namely, the defect in the grant of sanction for prosecution and the fact that the petitioners were not selling mineral water in bottles and, therefore, there was no question of misbranding of the products.
(3.) Mr. Parmanand Mishra, learned JC to GA has appeared for the respondent -State but has not controverted the submissions of Mr. Rai, Mr. P.D. Agarwal, learned counsel appearing for the Union of India has also not made any submission with respect to the aforesaid two aspects.;