Bunge India Pvt. Ltd. Mumbai Thr. ... vs The State Of Maharashtra, Thr. ...
2016 Latest Caselaw 4541 Bom

            J-apl525.16.odt                                                                                                1/3    


                         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





            =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
            Shri A.A. Naik, Advocate for the Applicants.
            Shri S.S. Doifode, Addl. Public Prosecutor for the Respondent.
            =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                          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





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                                                           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.