Gujarat High Court
Digjam vs State
Author: M.R. Shah
Bench: M.R. Shah
SCR.A/319/2003 5/ 5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 319 of 2003 With CRIMINAL MISC.APPLICATION No. 8538 of 2003 In SPECIAL CRIMINAL APPLICATION No. 319 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= DIGJAM RETAIL SHOW ROOM SHOPPERS PRADISE & 3 - Applicant(s) Versus STATE OF GUJARAT & 6 - Respondent(s) ========================================= Appearance : MR NK MAJMUDAR for Applicant(s) : 1 - 4. MR LB DABHI, APP for Respondent(s) : 1, MR SATYAM Y CHHAYA for Respondent(s) : 2 - 3. RULE SERVED BY DS for Respondent(s) : 4 - 5, 7, MR BM THAKER for Respondent(s) : 6, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 02/02/2012 ORAL JUDGMENT
1. Special Criminal Application No. 319/2003 has been preferred by the petitioners herein-original accused nos. 1 to 4 to quash and set aside the impugned Complaints, being Criminal Case No. 155/2002 and 156/2002 filed by the Food Inspector, Ahmedabad Municipal Corporation pending in the Court of learned Metropolitan Magistrate, Ahmedabad. The original complainant-Food Inspector, Ahmedabad Municipal Corporation has filed the impugned Complaints in the Court of learned Metropolitan Magistrate, Ahmedabad against the petitioners and others for the offences punishable under the provisions of Prevention of Food Adulteration Act, which were numbered as Criminal Case No. 155/2002 and 156/2002. Being aggrieved and dissatisfied with the aforesaid Complaints the petitioners-original accused nos. 1 to 4 have preferred the present Special Criminal Application to quash and set aside the impugned Complaints as well as for other reliefs.
2. Shri P.B. Khambolja, learned advocate appearing on behalf of the petitioners has submitted that as such the petitioners have not committed any offence as alleged. It is submitted that it is the petitioners, who made the Complaint with respect to the Mirinda bottle supplied by other accused persons and instead of taking prompt action against the accused persons, the impugned Complaints have been filed not only against other accused persons but also against the petitioners, who were are complainant. It is submitted that the impugned Complaints are nothing but malafide and with a view to harass the petitioners, who made the Complaint against the concerned Officers for not initiating any proceedings against the concerned accused persons.
3. Shri Satyam Chhaya, learned advocate has appeared on behalf of Ahmedabad Municipal Corporation and Food Inspector, Ahmedabad Municipal Corporation. He is not in a position to satisfy the Court how the petitioners can be arraigned as an accused. He is also not disputing that as such the petitioners were the complainant who made the grievance with respect to the Mirinda bottle and, therefore, he has requested to pass an appropriate order.
4. Heard Shri Khambolja, learned advocate appearing on behalf of the petitioners and Shri Satyam Chhaya, learned advocate appearing on behalf of the original complainant. This Court has also considered the documents on record as well as the impugned Complaints, which cannot be sustained for a moment so far as the petitioners are concerned. It is required to be noted that as such the petitioners were the consumer of Mirinda bottle and in fact they made the Complaint with respect to adulteration in the Mirinda bottle and in fact they were the complainant but still for whatsoever reason they are arraigned as an accused. By no stretch of imagination it can be said that the petitioners were the accused under the provisions of the Prevention of Food Adulteration Act. This Court fails to appreciate how the complainant and/or consumer who made the grievance with respect to adulteration can be arraigned as an accused. The learned advocate appearing on behalf of the original complainant is also not in a position to satisfy the Court how the petitioners can be arraigned as an accused for the offence under the provisions of the Prevention of Food Adulteration Act. It appears that arraigning the petitioners herein as accused, who were in fact the consumer of Mirinda bottle and even the complainant also demonstrates the non-application of mind by the sanctioning authority and the original complainant-concerned Food Inspector of A.M.C. Even the learned Magistrate has also erred in taking cognizance of the offence/complaint against the petitioners and has mechanically issued the summons/process against the petitioners. Under the circumstances, this is a fit case to exercise the powers under Section 482 of the Code of Criminal Procedure and to quash and set aside the impugned Complaints qua the applicants.
5. In view of the above, the present application succeeds and the impugned Complaints, being Criminal Case No. 155/2002 and 156/2002 pending in the Court of learned Metropolitan Magistrate, Ahmedabad filed by the Food Inspector, Ahmedabad Municipal Corporation are hereby quashed and set aside so far as the petitioners-original accused nos. 1 to 4 are concerned. However, the same shall be without prejudice to the rights and contentions of the Food Inspector, Ahmedabad Municipal Corporation and the prosecution against other accused persons, which shall be considered by the concerned Magistrate in accordance with law and on its on merits at the earliest.
6. With this, the present petition is allowed with exemplary cost, which is quantified at Rs. 10,000/-, which shall be initially paid by Ahmedabad Municipal Corporation. However, it will be open for Ahmedabad Municipal Corporation to recover the same from the concerned Food Inspector-original complainant after following the due procedure as required. The aforesaid amount of Rs. 10,000/- shall be deposited with the Registry of this Court within a period of four weeks from today and on such deposit, Registry is directed to transmit the same to the Gujarat High Court Legal Services Committee. Rule is made absolute to the aforesaid extent.
CRIMINAL MISCELLANEOUS APPLICATION No. 8538/2003 In view of disposal of Special Criminal Application No. 319/2003, no order in the Criminal Miscellaneous Application.
Direct service is permitted.
(M.R. SHAH, J.) siji