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2024 Supreme(Bom) 362

N. J. JAMADAR
Ranjitsinh H. N. Nimbalkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. Nikhil Sakhardande, Senior Advocate, a/w Harsh Gursahani, Ms. Subhra Paranchpe i/b PLR Chambers.
For the State : Mrs. Geeta Mulekar, APP.

JUDGMENT :

1. This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dated 20th August, 2022, passed by the learned Additional Sessions Judge, Sangli, in Criminal Revision Application No.52 of 2018, whereby the learned Additional Sessions Judge was persuaded to dismiss the revision application preferred by the petitioners against an order passed by the learned Chief Judicial Magistrate, Sangli of issue of process against the petitioners for the offences punishable under Section 59 read with 26(2)(i),3(1)(zz)(v), 26(2) (v) and 63 read with 31(1) of the Food Safety and Standards Act, 2006 (“the Act, 2006”).

2. Background facts leading to this petition can be stated in brief as under :

    (a) M/s. Swaraj India Industries Limited (“Swaraj”) - petitioner No.5, is a Company registered under the Companies Act, 1956. Petitioner Nos.1 to 4 claim to be the erstwhile directors of Swaraj.

(b) Swaraj is engaged in manufacturing and selling products made of milk and holds FSSAI Central Licence bearing No.10013022001422, since the year 2013. Swaraj collects milk at various milk collection and chilling centers located across the

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