JUDGMENT

B.S. Kapadia, J. - The petitioner has filed the present application under section 482 of the Criminal Procedure Code for quashing the proceedings in the Criminal Case No. 17 of 1987 pending before the learned J.M.F.C., Sidhpur.

2. On perusal of the complaint which is annexed as Annexure A to the petition, it appears that the complaint wag filed under sections 272 and 273 of the I.P.C. as also under section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act'). It is alleged in the complaint that the complainant is doing the business of selling cold drinks in the Court compound at Sidhpur. He was also keeping "Thums Up" drink manufactured and supplied by the original accused present petitioner. It is also alleged that on 15th May, 1987 a customer asked for "Thums Up" bottle which the complainant had purchased from the Garden Hindu Hotel who are the distributors of "Thums Up" for Sidhpur vide bill No. 3332. When the complainant took the bottle of "Thums Up" he found that it was containing insects. It was a sealed bottle. On realising that the drink of "Thums Up" was infected with insects, a notice was given to the accused through his lawyer, bu