Bombay High Court
Bunge India Pvt. Ltd. Mumbai Thr. ... vs The State Of Maharashtra, Thr. Shri. ... on 8 August, 2016
Author: S.B. Shukre
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.525 OF 2016
1. Bunge India Private Limited,
601-C and 601-D, 6th Floor,
The Capital, C-70, 'G' Block,
Bandra Kurla Complex, Bandra (East),
Mumbai 400 051, (Maharashtra),
through its Authorized Signatory.
2. Shri Govindswami Sarvanand,
Nominee, Bunge India Private Limited,
601-C and 601-D, 6th Floor, The Capital,
C-70, 'G' Block, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051,
(Maharashtra).
3. Shri Ajay Kumar Bhargava,
M/s. Consumer Products Distribution
Center, G-13/11, M.I.D.C., Hingna,
Tahsil Hingna, District Nagpur. : APPLICANTS
...VERSUS...
The State of Maharashtra,
At the instance of Shri A.G. Deshpande,
Food Inspector, Food and Drugs Administration,
Maharashtra State, Nagpur,
Tahsil and District Nagpur. : RESPONDENT
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Shri A.A. Naik, Advocate for the Applicants.
Shri S.S. Doifode, Addl. Public Prosecutor for the Respondent.
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CORAM : S.B. SHUKRE, J.
th
DATE : 8
AUGUST, 2016.
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ORAL JUDGMENT :
1. Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.
2. It is seen from the complaint that there are facts which cannot be disputed and these facts are relevant for deciding this application. The sample of the product "Bakery Shortening" has been taken on 12.3.2007 and the complaint has been filed on 5.4.2008 i.e. about after 13 months from the date of taking of sample. The product of which sample was taken, was manufactured on 2 nd March, 2007 and was having shelf-life of six months. It is obvious that the complaint has been filed much after expiry of shelf-life of the product of which sample was taken. Therefore, this case would be covered by the cases, namely, Criminal Application Nos.343/2011, 448/2011, 708/2012 and 760/2015.
3. In the result, this application deserves to be allowed and it is allowed accordingly.
4. Regular Criminal Complaint Case No.1249/2008 pending on the file of Additional Chief Judicial Magistrate, Nagpur is hereby quashed and set aside.
JUDGE okMksns ::: Uploaded on - 09/08/2016 ::: Downloaded on - 10/08/2016 00:39:53 ::: J-apl525.16.odt 3/3 CERTIFICATE "I certify that this Judgment uploaded is a true and correct copy of original signed Judgment."
Uploaded by : D.W. Wadode, P.A. Uploaded on : 9.8.2016.
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