JUDGMENT

This application under Section 482 of CrPC has been filed for quashing the order dated 29/12/2014 passed by Judicial Magistrate First Class, Vidisha in Criminal Case No.3171/2014.

The necessary facts for the disposal of the present application in short are that a complaint has been filed against the applicant for an offence under Sections 3(zz)(iii), 26(2)(i) r/w Section 59 of the Food Safety and Standards Act, 2006 (hereinafter referred to as “the Act”) on the allegation that the applicant is a nominee of Satya Sai Agroils Private Limited (hereinafter referred to as “the Company”) which is carrying on business of manufacture of Soya Oil, Soya Badi etc. and the factory is situated at Sanchi Road, Vidisha. On 23/07/2014, the Food Safety Officer inspected the Company and took the sample of Fortune Soya Chunks, manufactured and packed by the Company. A panchnama was prepared. The sample was sent to Food Analyst and according to the report of Food Analyst, the sample was found to be unsafe under Sections 3 (zz)(iii) and 26(2)(i) of the Act. The designated officer sent copy of the report to the applicant. The sanction for prosecution to file a complaint under Section 36 of the