Criminal Misc. No.M-14554 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-14554 of 2010 (O&M) Date of decision: 6.9.2011 M/s Aradhna Soft Drinks Company and others ......Petitioners Versus State of Haryana and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.S.Cheema, Sr. Advocate with Mr.Pawan Girdhar, Advocate for the petitioners. Mr.Amandeep Singh, AAG, Haryana. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of proceedings and order dated 4.4.2008 (Annexure P-1) impleading the petitioners as accused in the complaint case No. 8- F of 2003 dated 6.9.2003 under Section 16 (1) (A) (I) read with Section 7 (II) of the Prevention of Food Adulteration Act, 1954. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. The complainant/ Food Inspector inspected the premises Criminal Misc. No.M-14554 of 2010 2 of Harpreet Singh on 12.6.2003. 24 bottles (200 ml each) of sweetened Carbonated Water Lehar Mountain Dew for public sale were recovered. Sample of the bottle was sent for chemical analysis. The Public Analyst, Haryana, vide report Annexure P-3, opined as under:- “Sample contains 10.33% of added sugar whereas it is not declared on the label of the sample as required under item A.01.01 of the Appendix-B of the PFA rule 1955. Hence, the sample is therefore misbranded.” Thus, the sample was found to be mis-branded as it did not declare the content of added sugar in it. Vide notification dated 30.12.2002 (Anenxure P-6), Ministry of Health and Family Welfare (Department of Health) notified Rule 42 (a) in sub rule (zzz) (1) as under:- “In rule 42: (a) In sub-rule (zzz) (1) for the existing label, the following label shall be substituted namely. (i)This---------- Name of food) contains --------)Name of artificial sweeterner) (ii) Not recommended for children. (iii) *(a) Quantity of sugar added----------gm/100 gm. (b) No sugar added in the product. (iv) * Not for Pheylketoneurics (if aspartame is added) (* strike out whatever is not applicable) The sample in the present case was drawn on 12.6.2003. Criminal Misc. No.M-14554 of 2010 3 The above notification came into force w.e.f. 1.10.2003 (as is evident from Annexure P-6) after the sample was drawn in the present case. Hence, the complaint was not maintainable. Accordingly, the present petition is allowed. Order dated 4.4.2008 (Annexure P-1) and all the subsequent proceedings arising therefrom, are quashed. (SABINA) JUDGE September 06, 2011 anita