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2014 Supreme(Guj) 888

J.B.PARDIWALA
Pepsi Co. India Holdings Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.V. Raju
For Respondents/Defendant: Public Prosecutor

JUDGMENT :

J.B. Pardiwala, J.

Since the challenge in both the captioned applications is to a self-same complaint, those were heard analogously and are being disposed of by this common judgment and order.

1. The applicants (original accused) have filed these applications under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Code") invoking inherent powers of this Court praying that the complaint being Food Adulteration Case No. 55 of 2000 pending in the Court of the Judicial Magistrate, First Class (Municipal), Surat, be quashed. It appears from the materials on record that one A.S. Licencewala, a Food Inspector serving with the Surat Municipal Corporation lodged a private complaint in the Court of the J.M.F.C. (Municipal), Surat against 12 accused of the offence punishable under Sees. 7 and 16 of the Prevention of Food Adulteration Act, 1954.

2. The accused No. 1 in the complaint is the Wholesaler carrying-on business in the name of the Kamal Enterprise and the accused No. 2 is the Sales Manager of the accused No. 1. The accused No. 3 is a Cold Storage firm and the accused Nos. 4 to 9 are the partners of the accused Nos. 1 and 3 firms. The accused No. 10 is a company w

















































































































































































































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