Case Note & Summary
The applicant, M/s Hindustan Coca-Cola Beverages Pvt. Ltd., a manufacturing company, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 24.03.2010 passed by the learned Chief Judicial Magistrate, Jalna, in Regular Criminal Case No. 654 of 2006, issuing process under Section 204 CrPC for contravention of provisions of the Prevention of Food Adulteration Act, 1954 (PFA Act). The applicant also sought quashment of the complaint instituted by the respondent Food Inspector. The respondent had filed a complaint alleging that on 26.07.2001, he inspected the premises of M/s Brooton Marketing and found 'Sweetened Carbonated Beverages, Canada Dry' manufactured on 13.06.2001 and 22.06.2001 stocked for sale. He drew samples and sent them for analysis. The Public Analyst report dated 28.08.2001 declared the sample contained extraneous fibrous and particulate suspended matter, not conforming to the PFA Act. After obtaining sanction on 15.03.2003, the complaint was filed on 13.05.2003. The applicant contended that the complaint was filed after the expiry of the 'Best Before Date' (12.12.2001), i.e., 16 months after expiry, depriving the applicant of its right under Section 13(2) of the PFA Act to get the sample tested by the Central Laboratory. The court held that the right under Section 13(2) is a valuable right and the prosecution must be filed before the expiry of the shelf life of the product to enable the accused to exercise that right. Since the complaint was filed after the best before date, the applicant was unable to exercise its right, rendering the proceedings liable to be quashed. The court allowed the application, quashed the order issuing process and the entire proceedings against the applicant.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Maintainability - Order issuing process is not interlocutory, revision under Section 397 CrPC is maintainable but revisional court cannot quash entire proceedings - Hence, application under Section 482 CrPC is maintainable for quashing both order of process and proceedings (Paras 15-16). B) Prevention of Food Adulteration - Right of Accused - Section 13(2) PFA Act - Valuable right to get sample tested by Central Laboratory - Prosecution must be filed before expiry of shelf life of product to enable exercise of that right - Filing complaint after best before date frustrates the right and renders proceedings liable to be quashed (Paras 12, 18-20). C) Prevention of Food Adulteration - Limitation - Best Before Date - Complaint filed 16 months after expiry of best before date - Sample taken on 26.07.2001, best before date 12.12.2001, complaint filed on 13.05.2003 - Held that belated filing after expiry of shelf life deprives accused of right under Section 13(2) and is fatal to prosecution (Paras 11-12, 20).
Issue of Consideration
Whether the complaint and issuance of process against the applicant manufacturing company under the Prevention of Food Adulteration Act, 1954 is liable to be quashed on the ground that the complaint was filed after the expiry of the 'Best Before Date' of the food product, thereby depriving the applicant of its valuable right under Section 13(2) of the Act to get the sample tested by the Central Laboratory.
Final Decision
The application is allowed. The order dated 24.03.2010 passed by the learned Chief Judicial Magistrate, Jalna in RCC No. 654/2006 issuing process against the applicant is quashed and set aside. The complaint bearing RCC No. 654/2006 is quashed insofar as it relates to the applicant/original accused No.4.
Law Points
- Right of accused to get sample tested by Central Laboratory under Section 13(2) of Prevention of Food Adulteration Act
- 1954 is a valuable right
- prosecution must be filed before expiry of shelf life of product to enable exercise of that right
- belated filing after best before date renders complaint liable to be quashed
