Crl. Misc. No.M-4981 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-4981 of 2008 Date of decision: September 21, 2010. Ramdev Food Products Pvt. Ltd. & Anr. ...Petitioner(s) v. Govt. Food Inspector, Kapurthala & Anr. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri R.K. Garg, Advocate for the petitioner(s). Mrs. R.K. Nihalsinghwala, Addl. Advocate General, Punjab for the respondent. Ms. Deepika Kalia, Advocate, for respondent No.2. Kanwaljit Singh Ahluwalia , J. (Oral): The present petition has been filed under Section 482 Cr.P.C. praying for quashing of complaint No.99 of 2003 dated 1.7.2003, titled as State v. Rakesh Chander & Another, pending in the Court of Sub Divisional Judicial Magistrate, Phagwara. Counsel for the petitioner states that the prosecution is sought to be launched for the offence of misbranding on the ground that the packet of the food-stuff though depicted Ag-mark yet the same did not bear the label number and batch number. Counsel states that such an inference is belied from a bare perusal of report of the Public Analyst (Annexure P-1) which specifically states that on the sample packet, Ag-mark number was printed along with other required details. Counsel for the petitioner submits that it was the duty of the Food Inspector to note the Ag-mark and for this lapse on the part of the Food Inspector, petitioner cannot be held liable for the offence of Crl. Misc. No.M-4981 of 2008 -: 2 :- misbranding. Counsel for the respondent-State has further submitted that no-body has come up to assist her and, therefore, she is not in a position to controvert the arguments, advanced by the Counsel for the petitioner. In these circumstances, the present petition is disposed of with a direction to the trial court to notice the arguments to be advanced by the counsel for the petitioners before notice of accusation is served upon the petitioners. Petitioners are also granted liberty to submit detailed written arguments which, this Court has no doubt, that same shall be considered and dealt with by the trial court. Personal appearance of the petitioners before the trial court is exempted subject to filing of an undertaking that they shall cause their appearance as and when required by the trial court. They shall also undertake that the evidence, if any, recorded in their absence, but in the presence of their Counsel, shall be binding upon them. The trial court may incorporate any other condition in the undertaking to be furnished by the petitioners. [Kanwaljit Singh Ahluwalia] September 21, 2010. Judge kadyan