- (1.) HEARD the parties.
(2.) THE short question involved in the present petition is whether the prosecution of the petitioner as Corporate Manager of Hindustan Liver Ltd. is maintainable in contravention of specific provisions of Section 17 of the Prevention of Food Adulteration Act, 1954. Brief facts leading to this petition are that on 13.12.2003 at 12.30 p.m. Krishna Prasad Singh, Food Inspector, Ranchi visited Mis Meenakshi Enterprises at Tata Road, Namkom, Ranchi. He collected Flora Refined Sunflower Oil, three one liter pouch after making payments of Rs. 207/ - only along with Taaza Tea, Annapurna Iodized Salt and Modern Energy biscuits. The purchased items were sent for test by the concerned authorities at Dhanbad which was reported to be misbranded as per Rule 32 of PFA Rules. 1955 and for certain missing declarations. Accordingly an official complaint case was lodged with the consent of Civil Surgeon -' cum -Chief Medical Officer, Ranchi against the petitioner and one Anand Khemka, owner of M/s Meenakshi Enterprises.
(3.) THE learned CJM on the basis of complaint no. 21 (F) dated 22.6.2004 treated it as Complaint Case No. 3 of 2004. The learned CJM, further took cognizance on the basis of this written complaint under Section 16(1)(a)(i)(ii) of the PFA Act, 1954 against the petitioner and Anand Khemka.;