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1981 Supreme(All) 217

M.M.GUPTA
HINDUSTAN LEVER LTD – Appellant
Versus
STATE – Respondent


M. M. GUPTA, J.

Cri. Misc. case No. 6582 of 1980 arises out of an application moved by Hindustan Lever Ltd. Bombay and by its Directors under Section 482 Cr. P. C. and Cr. Misc. Application No. 785 of 1981 has been moved by R. D. R. Raghunath Prasad and Uma Shankar Gupta for quashing the proceedings arising out of Criminal case No. 677 of 1979 and also for quashing the orders passed by the Judicial Magistrate, Ghazipur of 27th September, 1980 and 28th September, 1980. It appears that Food Inspector Jai Shankarlal Srivastava had taken a sample of vegetable oil from a 4 kg. tin in Janipur Bazar from Hari Narain, dealer in vegetable oil. After the price of the sample was paid it was divided into three separate parts and one of these sealed samples was sent to public Analyst, who found that vitamin A content in the sample was only 11-5-1. U, which was below prescribed standard of 2. 50. 1. U. per gram. After the report was received the dealer Hari Narain Prasad and the Distributor who are applicants of Criminal Misc. Case No. 785 of 1981 and Hindustan Lever Ltd. Manufacturers of vegetable oil in question were prosecuted. Sri K. C. Metha was permitted under Section 305 Cr. P. C. to repr








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