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1980 Supreme(HP) 81

T.R.HANDA
GOPI NATH & SONS, THE MALL, SOLAN (H P) – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For petitioners:Shri Chhabil Das, Advocate. For Respondents ; Shri H. K. Paul, Asstt. to Advocate: General.

JUDGMENT

T.R. Handa, J.—The petitioner seeks to invoke the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure for quashing of the criminal proceedings pending against it under the Prevention of Food Adulteration Act (for short, the Act) as also the charge framed against it under Sec. 16 (1) (i) read with Sec. 7 of the Act in such proceedings.

2. The petitioner is a firm carrying on business of general merchandise and confectionary at Solan. It is also the local distributor (whole-sale agent) of the products of Messrs Mortons Confectionery and Milk Products Factory which is owned by Messrs Upper Ganges Sugar Mills Limited, Calcutta. The petitioner firm sold four packets of one kilogram each of hard boiled sugar confectionery vide bill No. MOR 50 dated 25-6-1979 to Messrs Goyal Provision Stores, Parwanoo. Each pf the packets was sealed in a polythene package. These packages when sold by the petitioner to the aforesaid firm Goyai Provision Stores contained a label with the following printed matters : "MORTON B-G. Special Hard Boiled Sugar Confectionery Artificially Coloured Permitted Colouring Agents used Net weight (including Weight of Immediate Wrapp





























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