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2020 Supreme(Del) 485

SURESH KUMAR KAIT
Raghav Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Ms.Geeta Luthra, Sr. Adv. with Mr.Anshul Duggal, Mr.Prateek Yadav & Mr.Altamish Siddiki, Advs.
For the Respondent: Mr. Izhar Ahmad, APP for State.

JUDGMENT :

1. Since the facts and issues are same in the present petitions and are filed against the common impugned order dated 06.06.2016, therefore, both petitions are being disposed of vide this common judgment.

2. These petitions have been filed under Section 482 of Code of Criminal Procedure for quashing of complaint case bearing No.4/2012 and order dated 06.06.2016 passed by Ld. ACMM, New Delhi, Patiala House Courts, New Delhi whereby learned Judge was pleased to frame notice under Section 251 Cr.P.C. against the petitioners.

3. Case of petitioners is that they were erstwhile Directors of the company namely V & V Beverages, importer of “Snapple Juice Drink”, (hereinafter referred to as the alleged food article), which it imported from the United States, among other vendors and supplied to M/s A&M Enterprises, a distributor company, which in turn distributed the same to M/s Barista Coffee Company Limited, the end vendor. All the abovementioned are co-accused in the complaint.

4. Facts as alleged in the complaint are that on 03.05.2011, food officials including Food Inspector and Field Assistant under the alleged supervision of the Local Health Authority (LHA)/SDM reached at premi

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