- (1.) HEARD Mr. N. K. Agrawal, learned senior counsel for the petitioners and Mr. Deepak Kumar Prasad, learned counsel for the opposite party no. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C2 Case No. 68 of 2003 including the order dated 12.11.2003 passed by the Chief Judicial Magistrate, Saraikella -Kharsawan whereby and whereunder cognizance has been taken for the offence punishable under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.
(3.) THE prosecution case as would be evident from the complaint lodged by the opposite party no. 2 in his capacity as Food Inspector is that on 18.08.2003 he has collected the sample of Coca Cola, Thumps Up, Fanta, Limca, Sprite, Kinley Soda x 6 from the premises of M/s. Hindustan Coca Cola Beverages (P) Ltd. for the purpose of analysis. It has been stated that one part of the said sample was sent to the Public Analyst and vide report no. 183 of 2003 dated 1109.2003, it was opined by the Public Analyst that the sample and bottle of Fanta carbonated water is misbranded as the total added sugar content 12.8/100 is less than quantity of added sugar 13.3/100 declared on the cap/crown of the bottle as per 2 (ix) (e) of the PFA Act 1954. In view of the report of the Public Analyst, C2 Case No. 68 of 2003 was instituted and vide order dated 12.11.2003, the learned Chief Judicial Magistrate was pleased to take cognizance for the offences punishable under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.;