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2017 Supreme(Bom) 1924

PRAKASH D.NAIK
Ashutosh Bhailal Rao, Director of M/s. Ruchi Soya Industries Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr. K.H. Parekh.
For the Respondent: Mr. K.S. Patil.

JUDGMENT :

PRAKASH D. NAIK, J.

1. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing and setting aside the prosecution initiated by the respondent against the applicants. The criminal proceedings, which are sought to be challenged are pending in the Court of Judicial Magistrate First Class at Navapur, District Nandurbar. The process was issued by the Court for offences under Sections 7(i) r/w Section 2(i-a) (a), 2(i-a) (m) punishable under Sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 (For the sake of brevity, hereinafter referred as the Act).

2. The applicants are the Directors of the company M/s. Ruchi Soya Industries Ltd. The said company is engaged in the business of manufacturing of edible oils. The company is duly registered under the Companies Act.

3. The brief facts as alleged in the complaint are as follows:

(a) The complaint was filed by the Food Inspector, Food and Drug Administration, Dhule. The applicants are impleaded as accused Nos. 5 to 10 in the complaint being Directors of M/s. Ruchi Soyal Industries Ltd. The accused No. 1 and 2 are Partners of M/s. Mahaveer Sons, Navapur. Accused No. 3 is M/s. Mahaveer Son























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