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2009 Supreme(Ker) 148

R.BASANT
Pepsico India Holdings Pvt. Ltd. – Appellant
Versus
Food Inspector, Mobile Vigilance Squad, T. B. Centre Campus, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioners:A.M. Shaffique, Senior Advocate, E.K. Nandakumar, A.K. Jayasankar Nambiar, K. John Mathai, Anil D. Nair, Benny P. Thomas, Advocates. For the Respondents:P. Raveendra Babu, Public Prosecutor, R3, P. Parameswaran Nair, Asst. Solicitor General, Advocate.

Judgment :-

M/s Pepsico India Holdings Pvt. Ltd.,- a beverages manufacturer and its Directors, face prosecutions before various courts in the State of Kerala. They have come to this Court with these Crl.M.Cs. with a prayer that the prosecutions launched against them may be quashed on various grounds raised by them invoking the extraordinary inherent jurisdiction of this Court under Sec. 482 Cr.P.C.

2. To the skeletal facts first. Samples of carbonated beverages allegedly manufactured by M/s Pepsico India Holdings Pvt. Ltd., were purchased by the Food Inspectors at various centers in the State. They were sent to the Public Analysts. The Public Analysts analysed the Samples in these cases and reported that the samples of Carbonated beverages analysed by them were adulterated. They have furnished their opinion in the prescribed form. Thereupon, prosecutions were launched. It is important to straightway note that the option under Sec.13 (2) of the Prevention of Food Adulteration Act 1954 (for short ‘the Act’) was not invoked by the indictees in all these cases. They have come up in challenge against the cognizance taken against them on various grounds.

3. At the outset it must be mentio































































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