INDIAN COFFEE HOUSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), the petitioners have filed this petition for quashing the proceedings in complaint Case No. 5003/95, pending in the Court of JMFC, Jabalpur.

(2.) The petition arose in these circumstances-M/s. Indian Coffee House, Marhatal, Jabalpur (hereinafter referred to as the 'coffee house'), is run by a society. On 28-2-84 Hardayal Dubey, a food inspector of flying squad, District Jabalpur got sample of Besan for the purpose of analysis from petitioner No.2, who was present in the coffee house as manager. In the coffee house various food articles like Idlis, Dosas, Pakaudas, omelettes all made of Besan and coffee etc. were stored for sale and were being sold. Some articles were being prepared in the coffee house.

(3.) The petitioner No. 2 informed the food inspector that the owner of the coffee house is Indian Coffee Workers Cooperative Society, Ltd., Marhatal, Jabalpur and he is working as the manager of the coffee house. Coffee House is the cooperative undertaking. The manager informed the food inspector that he gets the Pakaudas prepared from Besan and sells the same to the customers. On being demanded, the petitioner No.2 could not produce the licence for sale of food articles.