1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1442/2009. (1. Mr.Shivchandra Sayabanappa Revate and Ors. Vs. The State of Mah. and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.GV Wani, Adv. for applicants; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th January, 2011. ... 1) Heard. 2) Quashment of RCC No.57/2007, pending before the learned JMFC, Omerga, for the offences under Sections 16 and 17 of Prevention of Food Adulteration Act, 1954 and contravention of Sections 7(1) r/w 2(ia) (a), 2(ia) and B, is sought. 3) Mr.Wani submits, even if the raid carried by the respondents/authorities in July is accepted, however, the applicants cannot be fasten with the liability in the light of existing leave and license agreement dated 27.2.2007. The applicants were not incharge of the factory. Consequently, no prosecution could be launched against the applicants. 4) The above submissions of learned Counsel 2 are controverted in the affidavit in reply of the Food Inspector – KS Shinde. Perusal thereof illustrate, there operates a license under the Rules in favour of applicant no.4 and applicant nos.1 and 2 as Directors. Any transaction carried subsequently by the applicants herein, would be naturally within the frame of the license. The license being in the name of the applicants herein, the responsibility basically vesting in the applicants will not be terminated or diluted, even if there operates a leave and license agreement dated 27.2.2007. Consequently, the prosecution cannot be questioned. No merit, the application dismissed. (K.U.CHANDIWAL) JUDGE bdv/