Case Title: Hindustan Coca-Cola Beverage Pvt. LTD. V. State of Madhya Pradesh.
Decided on October 20, 2023.
Case No.: MISC. CRIMINAL CASE No. 36435 of 2019.
CORAM: HON’BLE SHRI JUSTICE VIVEK RUSIA.
Introduction
In the present petition filed by the petitioner U/S 482 of Cr. P. C. 1973, prayed to the Hon’ble Court to quash the Order dated 20.08.2014. passed by Learned Judicial Magistrate First Class in Criminal Complaint Case No. 569 of 2014, (Food Safety Officer v. Dulhe Singh s/o Ram Singh Chaudhri and eight others). On observing the facts and circumstances of the case the single-judge bench of Hon’ble Justice Shri Vivek Rusia dismissed the Miscellaneous Criminal Case and directed the Trial Court to examine the case in Trial Court because the issue of the validity of sanction is liable to be examined by the trial Court itself.
Facts of the case
On 24.03.2013, the Food Safety Officer took a sample of “Mazza Mango Drink” from Shree Vaishnavi Restaurant, Ward No. 2. According to the report the sample was unsafe for consumption, and the result was found that fungus grew at the bottleneck, and mouth and also above the surface of the product. The Deputy and Designated Officer of the Food and Drug Administration found a violation of Sections 51, 51, 58, and 59 of the Food Safety and Standard Act, 2006. on 22.03.2014 the Food Safety Officer filed a joint complaint against eight accused persons including the present petitioners.
Observation of the Court
Shri Satish Chandra Bagadiya, Learned Senior Counsel for the petitioner argued that in the present case the Learned Magistrate without going through the facts and technicality of the case summoned the accused and warranted for the arrest and also prayed for impugned judgment should be set aside. The Hon’ble High Court observing the technicality and facts of the present case held that in the present case, the complaint has been filed under various sections alleging the violation of the Act, under which some of them are punishable with a fine only and some of them are punishable with imprisonment and power of has been delegated to the designated officer by commissioner. The Hon’ble Court directed the Trial Court to examine the same by itself as the issue of validity of sanction is liable to be examined by the Trial Court also held that at the present stage, the petitioner No. 2 cannot be punished for imprisonment.
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Written by: Aamir Hussain.
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