Supreme Court has quashed a criminal case against a distributor when it found that cold drink bottle was in asealed condition thought the customer found a lizard in the bottle. The case is titled as SUBIR BANERJEE vs THE STATE OF WEST BENGAL decided on 06.01.2020.
Supreme Court observed and held as under:
"The present Appeal assails the order of the High court dismissing the application under Section 482 Cr.P.C. for quashing of prosecution instituted under Section 272 and 273 of the Indian Penal Code.
We have heard learned counsel for the parties at length. According to the allegations, the appellant is a distributor of a renowned brand of cold drink.
The complainant purchased a sealed cold drink bottle from the appellant. The allegation is very specific that the bottle was in a sealed condition. There are no allegations that the seal has been tampered in any manner in which case different consideration may have arisen.
We are of the considered opinion that if the complainant had purchased a sealed bottle of the cold drink, the appellant was only a distributor, there is no allegation of tampering with the seal and a lizard's tail was found in the cold drink bottle, the company was required to be made a necessary party, without which no adjudication is possible to arrive at any conclusion. On that singular ground alone, we quash the proceedings in P.S. Case No. 324 of 2013, registered with P.S.Danakuni, District Hoogly, West Bengal".
Read the Order here:
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