V.K. Shali, J.(Oral) ;—

1. These are two petitions bearing No.2675/04 and 2679/04 filed by Ms/Pepsi Food Pvt. Ltd. and M/s Pepsico India Holdings Ltd., respectively under Section 482 Cr.P.C. for quashing of a complaint under Section 16 of Prevention of Food Adulteration Act, 1954, respectively.

2. Both these cases are taken up together as the facts and the points of law raised in these two petitions for quashing of the complaints and the consequent proceedings are identical.

3. In Crl.M.C. 2679/04, a sample of `Lehar Pepsi Mango Fruit Drink’ was taken on 12.7.2002 from M/s Pearl Drinks Ltd., B-42, Lawrence Road, Industrial Area, Delhi-35. The said sample was analyzed by the Public Analyst and it was found to be not conforming to the standards because being fortified with Vitamin `C’ the quantity of Ascorbic Acid was less than the prescribed minimum limit of 40 mgm/100 gms and thus in violation of Rule 40(3) of the Prevention of Food Adulteration Rules, 1955. In addition to this, the sample was also misbranded for alleged violation of Rule 32(e) and 32A of the Rules.

4. The complaint against both the petitioners came to be filed after obtaining the requisite sanction from the Secretary

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