Criminal liability under the Prevention of Food Adulteration Act requires clear evidence of managerial responsibility, which was absent in this case.

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 of the aforesaid by him. The aforesaid sample purchased by the complainant from Vikas Kumar was sent through a peon in a sealed letter on 1.7.2009 to the Public Analyst, Kandaghat. The Public Analyst on analyzing the sample sent to him for rendering an opinion thereon concluded the sample to be adulterated. On the mandatory consent standing afforded to the complainant by the Chief Medical Officer, Shimla for launching prosecution against the accused, a complaint stood instituted before the JMIC - 2, Shimla. On the JMIC, Court No. 2, Shimla standing prima facie satisfied qua Jaiminikumar Shah committing offences punishable under S.16(1)(a)(i) read with S.7(i) of the Prevention of Food Adulteration Act hereinafter referred to as the Act ordered the issuance of summons upon him. On the JMIC - 2, Shimla, ordering for issuances of summons upon Jaiminikumar Shah constrained him to institute the instant petition before this Court for quashing the same. A perusal of the paragraphs 8 of the apposite complaint which stands reproduced verbatim hereinafter unfolds of their being no manifestation therein of Jaiminikumar Shah holding charge of and his being responsible to the company for the conduct of its business.
“8. That the accused Sh. Vikas Kumar S/o Sh. S. C. Gupta, Executive Sous Chef of M/s Club Mohindra Whispering Pines, Mashobra, Shimla, H. P. had Curd made from unindicated milk under S.2(ia)(m) in his possession meant for sale to general public and sold the same to me and thereby committed an offence punishable under S.16(1)(a)(i) of PFA Act, 1954 read with S.7 of the Act. M/s Club Mohinder Whispering Pines Mashobra, Shimla, H.P. through its prop / partners / nominee (If any) / managing directors are also liable under the act.”

2. Cr.MMO No. 229 of 2015.
The Government Food Inspector, Municipal Corporation, Shimla on 30.06.2009 at about 2.15 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 10 kg. Paneer in a stainless steel pan drum carrying a capacity of 25 kg food item whereof was meant for sale to general public consumption. The complainant revealed his identity to the aforesaid and issued a notice upon him declaring his intention to take the sample of paneer for the purpose of analysis. He also purchased 3x250 gms of paneer made from an unindicated milk after its horizontally and vertically standing sliced from the whole paneer. He made a cash payment of Rs.150/- qua purchase of the aforesaid by him. The aforesaid sample purchased by the complainant from Vikas Kumar was sent through a peon in a sealed letter on 1.7.2009 to th