Back
2016 Supreme(HP) 593
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S. Rana, J.
P.B. Anadam then Managing Director of Jakhau Salt Company Private Limited - Petitioner
Vs.
State of H.P. and others - Non-petitioners
Cr.MMO No. 264 of 2014
Decided On : 03-06-2016
Advocate Appeared:
For the Petitioner:Mr. Sanjay Kumar Sharma, Advocate
For the Non-petitioner-1:Mr. R.K. Sharma, Deputy Advocate General
The liability of company officers under Section 17(4) of Prevention of Food Adulteration Act 1954 and the necessity of coercive steps for the presence of the manufacturing company are key legal principles established in the judgment.
Headnote:
Food Adulteration - Quashing of Order - Prevention of Food Adulteration Act 1954, Section 16(1)(a)(i), Section 7(i), Section 20-A - The court discussed the impleadment of co-accused, liability of company officers, and the necessity of coercive steps for the presence of the manufacturing company. Key legal provisions include Section 17(4) of Prevention of Food Adulteration Act 1954 and relevant case laws.
Fact of the Case:
The complaint was filed against accused persons under Section 16(1)(a)(i) read with Section 7(i) of Prevention of Food Adulteration Act 1954. The petitioner sought quashing of the impleadment order as co-accused.
Finding of the Court:
The court rejected the petitioner's submission regarding the appointment of a quality controller and the liability of company officers. It accepted the submission regarding the necessity of coercive steps for the presence of the manufacturing company.
Issues: Impleadment of co-accused, liability of company officers, and necessity of coercive steps for the presence of the manufacturing company.
Ratio Decidendi: The court held that the appointment of a quality controller and the liability of company officers are to be decided by the trial court. It also emphasized the necessity of coercive steps for the presence of the manufacturing company.
Final Decision: The petition was partly allowed, directing the trial court to issue summon/warrant to the manufacturing company and dispose of the case expeditiously within three months.
P.S. Rana, J.
Present petition is filed under Section 482 of the Code of Criminal Procedure 1973 for quashing of order dated 3.3.2014 passed by learned Judicial Magistrate Ist Class Arki District Solan HP in Prevention of Food Adulteration Act case No. 42/2003 of 2007 whereby petitioner is summoned as co-accused.
BRIEF FACTS OF THE CASE:
2. Food Inspector Solan/Shimla HP complainant filed complaint against accused persons namely Sunil Gupta and Krishan Chand Gupta under Section 16(1)(a)(i) read with Section 7(i) of Prevention of Food Adulteration Act 1954. It is alleged in the complaint that complainant is duly appointed as Food Inspector for Arki Sub Division District Solan and District Shimla HP. It is further alleged in the complaint that on 29.3.2007 at about 1 PM Sh Sunil Gupta was conducting business in the shop in the capacity of salesman on behalf of co-accused Krishan Chand proprietor and 150x1Kg packets of iodized salt were kept for sale to general public for human consumption. It is further alleged in the complaint that Food Inspector disclosed his identity and issued notice in form VI to accused person and declared his intention to take sample of iodized salt against payment of Rs.21/- for analysis purpose. It is further alleged in the complaint that after completing all formalities sample was sent for opinion of public analyst. It is further alleged that as per report of public analyst Kandaghat iodized contents of the sample was 9.54 parts per million against minimum prescribed standard of 15 parts per million and sample of iodized salt was declared adulterated by public analyst Kandaghat HP.
3. Learned Trial Court issued notice of accusation to accused Sunil Gupta and Krishan Chand and Sunil Gupta and Krishan Chand filed application under Section 20-A of Prevention of Food Adulteration Act 1954 alleging that packets of salt purchased from M/s Anju Enterprises Subathu through Dinesh Kumar proprietor vide invoice bill No. AE-6964. It is further alleged that M/s Anju Enterprises Subathu be impleaded as co-accused in present case. Learned Trial Court on the basis of invoice bill impleaded M/s Anju Enterprises Subathu through Dinesh Kumar proprietor as co accused in present case. Thereafter coaccused Dinesh Kumar filed application under Section 20-A of Prevention of Food Adulteration Act 1954 to implead Jhakhau Salt Company Private Limited Green Park Plot No.113-14 Sector 8 Tagore Road Gandhi Dham Gujarat through Rajesh Shrivastva. Thereafter Rajesh Shrivastva was impleaded as co-accused in present case. Thereafter Rajesh Shrivastva filed Cr.MMO No. 4031 of 2013 title Rajesh Srivastava Vs. State of HP and others before Hon’ble High Court of HP. Hon’ble High Court of HP on dated 31.10.2013 quashed impleadment order of Rajesh Srivastava and directed learned trial Court to decide impleadment matter in view of law laid down by Hon’ble Apex Court in R. Banerjee and others Vs. H.D. Dubey and others AIR 1992 SC 1168. Thereafter learned Trial Court discharged co-accused Rajesh Srivastava in present case and impleaded P.B. Anadam present petitioner as co-accused in present case on dated 3.3.2014. Feeling aggrieved against impleadment order as co-accused Sh P.B. Anadam petitioner filed present petition under Section 482 Cr.P.C.
4. Court heard learned Advocate appearing on behalf of petitioner and learned Deputy Advocate General appearing on behalf of State. Court also perused entire record carefully.
5. Following points arise for determination in present petition:
1. Whether petition filed by petitioner is liable to be accepted as mentioned in memorandum of ground of petition?.
2. Final order.
Findings on point No.1 with reasons:
6. Submission of learned Advocate appearing on behalf of petitioner that at the time of offence the petitioner was director of the company but company has authorized Sh. Anil Shrimali as quality/production incharge of the company placed on record and on this ground petition be allowed is rejected being d
