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2017 Supreme(Guj) 898

B.N.KARIA
Samirbhai S. Vora – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Sudhir I. Nanavati, Learned Senior Advocate and Anuja S. Nanavati, Advocate.
For the Respondents: K.P. Raval, APP.

JUDGMENT :

B.N. Karia, J.

1. The applicant-accused No. 2 has preferred this application under Section 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the complaint, being Criminal Case No. 9066 of 2007 registered with the Chief Judicial Magistrate, Gandhinagar for the offence punishable under Sections 7(2), 7(3) and 16(1)(A)(i) and (ii) of the Prevention of Food Adulteration Act, 1954 {"PFA Act" for brevity}.

2. Brief facts of the case are that on 19.08.2006 at about 13.45 o'clock, the complainant visited Adani Super Market managed by B2C India Limited with one Shri T.V. Makwana. At that time, the accused No. 1 was present at the place and he disclosed his identity as a Manager of the firm. Upon inspection, the complainant found registration certificate No. 5409 dated 09.05.2005 of the firm in the name of Shri Samir Vora, and while making inquiry, it was found that packing of desi 'Moongdal' of 500 gram were kept for sale. The accused No. 1 stated the rate of each pack to be at Rs. 23.50 and on each of packing, mark of "Adani Veg" and packed by "Adani Retail Limited, Prasad Complex, Opp. Jain Derasar, Nehrungar Circle, Ambavadi Ahmedabad





























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