Specific allegations supported by evidence are necessary to prosecute directors/partners of a company/firm in cases under the Prevention of Food Adulteration Act.

JUDGMENT :

Sandeep Mehta, J.

1. The instant criminal misc. petition has been preferred by the petitioners herein seeking quashing of the proceedings of Criminal Case No. 642/2011 registered for the offences under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and Rule 50(1) of the Prevention of Food Adulteration Rules, 1955, pending in the court of the Chief Metropolitan Magistrate ('CMM'), Jodhpur Metro.

2. Brief facts relevant and essential for disposal the instant misc. petition are noted here in below:-

The Food Inspector, Jodhpur visited premises of M/s. Shriram International (Unit of Shriram Hotel), Residency Road, Ratanada, Jodhpur on 29.04.2011, where he met Vikas Shrivastav (Seller & General Manager). Food articles viz. vegetables, Rotis, Paneer Pakoda etc. were being prepared and served to the public in the hotel. The Food Inspector collected sample of food article Paneer (cottage cheese) from the cold storage of the hotel. The sample of Paneer was divided into three parts, one of which was forwarded to the Local Health Authority, Jodhpur for analysis from where, a report dated 25.05.2011 was received to the effect that the food article (Paneer) was adulterated. The Food Inspector thereafter, collected details of the partners/directors of the firm M/s. Shriram International and was allegedly apprised that the petitioners herein, Shri Bhanwarlal Soni and Shri Om Prakash Soni were the partners of the firm which was operating the hotel. Accordingly, a complaint came to be filed by the Food Inspector in the court of CMM, Jodhpur against the petitioners and few others with the allegations that the accused persons being the directors/partners of the firm were liable to be prosecuted for the offences under the Prevention of Food Adulteration Act as well as under the Prevention of Food Adulteration Rules as adulterated food article Paneer was being sold to public from the firm's premises.

3. The petitioners have filed the instant misc. petition with the precise assertion that they were not connected with the firm in question in any manner whatsoever. The firm was reconstituted in the year 2003 whereafter, only Shri Bhanwarlal Soni and Shri Om Prakash Soni remained its partners, and thus, prosecution of the petitioners in this case is bad in the eyes of law. It has also been pleaded that there were no allegation in the entire complaint regarding the petitioners being responsible for day to day affairs of the firm in any manner whatsoever and so, their prosecution is unwarranted. In support of his contentions, Shri R.S. Mankad, learned counsel representing the petitioners placed reliance upon the following judgments:-

1. Pepsico India Holdings Private Ltd. vs. Food Inspector & Anr., (2011) 1 SCC 176

2. Shyam Lal & Ors. vs. State of Rajasthan, 2012 (2) CJ (Crl.) (Raj.) 815

He urged that proceedings of the complaint lodged against the petitioners are totally bad in the eyes of law and amount to a gross abuse of process of court and hence, the same deserves to be quashed qua the petitioners.

4. Learned Public Prosecutor, on the other hand vehemently and fervently opposed the submissions advanced by petitioners' counsel. He urged that the grounds laid forth by the petitioners for quashing of the proceedings can be appreciated by the trial court after evidence is recorded at the trial and not by this Court while exercising its inherent powers under Section 482 Cr.P.C. Nonetheless, he is also not in a position to dispute the fact that there is no allegation whatsoever in the entire complaint that the petitioners were in any manner responsible for the day to day affairs of the firm in question.

5. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the impugned complaint. It is apparent that other than bare recital in para No. 8 of the complaint, which reads as below:-

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