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2010 (11) TMI 1047 - SUPREME COURTMaintainability of the criminal prosecutions - Petitions filed u/s 482 for quashing the order - the Public Analyst submitted his report stating that upon analysis of the sample of Pepsi Sweetened Carbonated Water, using the Directorate General of Health Services (DGHS) method, pesticide residue- Carbofuran, to the extent of 0.001 mg per litre was detected therein. The said sample was, therefore, adulterated within the meaning of Rule 65 of the 1955 Rules and Section 2(ia)(h) of the 1954 Act. Based upon the report of the Public Analyst, the CJM, took cognizance of the offence and issued process against the Appellants. The Appellants moved the HC u/s 482 Cr.P.C. for quashing of the aforesaid order of the CJM. The learned Single Judge by his order, dismissed the said application and directed the prosecution to continue with the case. Aggrieved by the order, the Appellant-Company, and its Directors have filed these appeals challenging the cognizance taken by the learned Magistrate. HELD THAT:- the percentage of Carbofuran detected in the sample of Pepsico which was sent for examination to the Forensic Laboratory is within the tolerance limits prescribed for Sweetened Carbonated Water with effect from 17th June, 2009.It may be noted that the High Court had itself observed that mere presence of insecticide residue to any extent could not justify an allegation that the article of food was adulterated, but contrary to such observation, the High Court went on to hold that the Sweetened Carbonated Water manufactured by the Appellants was adulterated within the meaning of Section 2(ia)(h) of the 1954 Act. It has to be kept in mind that although an argument was advanced with regard to the restrictions imposed on the use of insecticides under Rule 65 of the 1955 Rules, it is apparent from the order of the learned Single Judge that such a ground was given up by the respondents and the arguments were confined only with regard to the alleged violation of Section 2(ia)(h) of the 1954 Act. We, accordingly, allow the appeals and set aside the judgment and order of the learned Single Judge impugned in these proceedings and quash the prosecution of the Appellants in respect of the various complaints challenged before the HC in its inherent jurisdiction.
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