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G.S.SISTANI
Subhash Chand Gupta and Ors. – Appellant
Versus
State – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. P.R. Thakur, Advocate.
For the Respondents: Mr. Lovkesh Sawhney, APP along with Mr. S.K. Gupta, Food Inspector.

JUDGMENT

G.S. Sistani, J.—This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, “Cr.P.C.”) for quashing of complaint case No.100/2004 under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as, “PFA Act”) and the proceedings emanating there from against the petitioners.

2. A complaint under Section 16 of the PFA Act was filed against 14 accused persons, including the petitioners herein, namely M/s Surya Kiran Trading Corporation(The Supplier-Firm), Late Shri Kishan Gupta (one of the partners of M/s Surya Kiran Trading Corporation) who died during the pendency of the case in the trial court; Shri Subhash Chand Gupta, Shri Hobbit Gupta, Shri Vipul Gupta, and Smt. Pooja Gupta, who other partners of M/s Trading Corporation.

3. Learned counsel for the petitioner submits that on 25.6.2002, the Food Inspector, Sh. S.K. Sharma had purchased a sample of “Pass-Pass” (Mouth freshener) for analysis from Shri Om Prakash Tolani. The said sample consisted of poly packs of “Pass-Pass” (Mouth freshener). After carrying out the sampling procedure, the sample was sent to the Public Analyst. According to the

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