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2016 Supreme(Online)(HP) 151

HIMACHAL PRADESH HIGH COURT
Tarlok Singh Chauhan, J
Jaiminikumar Shah – Appellant
Versus
The Government Food Inspector, Municipal Corporation, Shimla – Respondent


Table of Content
1. findings from food inspections indicating adulteration. (Para 1 , 2)
2. absence of established managerial responsibility for legal culpability. (Para 3 , 4 , 5)
3. quashing of summons due to insufficient evidence. (Para 6)
4. judgment does not prevent further action in compliance with law. (Para 7)

1. Cr.MMO No. 228 of 2015
The Government Food Inspector, Municipal Corporation, Shimla on 30.06.2009 at about 2.45 p.m on his inspecting the premises known as M/s Club Mohindra Whispering Pines Mashobra, Shimla found Shri Vikas Kumar to be conducting the affairs of the business of the hotel, as its Executive Sous Chef. At the aforesaid time he noticed Mr. Vikas Kumar holding possession of 2 kg. curd in a stainless steel pan drum carrying a capacity of 25 kg food item whereof was meant for sale to the public for human consumption. The complainant revealed his identity to the aforesaid and issued a notice upon him declaring his intention to take the sample of curd for the purpose of analyses. He also purchased 3x250 gms of curd made from an unindicated milk after its horizontally and vertically standing sliced from the whole curd. He made cash payment of Rs.90/- qua purchase
















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