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2023 Supreme(Bom) 2315

G. A. SANAP
Indranath Roy – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
K.H.Parekh, Advocate, Mayuri H.Deshmukh, Advocate

JUDGMENT/ORDER

1. Heard.

2. ADMIT. Taken up for final disposal forthwith by the consent of learned advocates for the parties.

3. In this criminal application, filed under Sec. 482 of the Code of Criminal Procedure, the applicants, who have been arrayed as accused nos. 4 to 7 in a criminal proceeding bearing Summary Criminal Case No. 2347/2015 for the offences punishable under Ss. 3(1) (zz)(iii) and (x) read with Ss. 26(2)(i), 27(1), 27(2)(c) punishable under Ss. 59 and 66 of the Food Safety and Standards Act, 2006 (hereinafter referred to as "the Act of 2006" for short), pending on the file of learned Additional Chief Judicial Magistrate, Nagpur, have prayed for quashing and setting aside the proceeding against them.

4. The relevant facts are as follows : The Food Safety Officer along with panch witnesses, on 31/1/2014, had visited the premises of M/s J. K. Daily Needs, situated at CPWD Quarters, Opposite Nirmala Girls Hostel, Katol Road, Nagpur and purchased 16 company packed, sealed and labeled, each 65 gms weight, Milk Chocolate (Cadbury Dairy Milk Silk) from accused no.1 - Mohd. Rashid. The notice in Form V-A under Rule 2.4.1(3) was issued to accused no.1. The sample was sent to Fo

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