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2009 Supreme(MP) 690

N.K.MODY
Cadbury India Ltd. – Appellant
Versus
H. K. Bajpai, Food inspector – Respondent


Advocates:
A.K. Chitle with Sandeep Kochatta for petitioners, C.R. Karnik Dy. Govt. Advocate for State.

ORDER

1. This is a petition under Section 482 Cr.P.C. for quashment of the proceedings of case No. 2355/94 whereby the petitioners have been prosectued for an offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954.

2. In, short, case- of prosecution was that the respondent No. 1 Food Inspector appointed by the respondent No.2 filed a complaint against the petitioners and other accused persons alleging that on 29.3.93 at about 5.30 p.m. respondent No. 1 inspected a fast food shop known as "Crack Ice" situated at 56, New Palasia, Indore. It was alleged that during course of investigation the Food Inspector found that ice cream was stored in the shop for sale. In the complaint it was alleged that one Sunil Kumar Jain was in the management of the shop and one Anil Mahajan was the proprietor of the shop. It was alleged that sample of 900 gm. of ice cream called as 'King Alphonso' was purchased for a sum of Rs.126/- by the respondent No.1 for analysis from the accused Sunil Kumar Jain and obtained the receipt. Further case of prosecution was that the sample which was taken was divided into three equal parts and filled in three bottles, which were sealed afte












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