Court No.

- 92

Case :- APPLICATION U/S 482 No. - 14679 of 2024

Applicant :- M/S Nestle India Ltd And Another

Opposite Party :- State Of Up And 2 Others
Counsel for Applicant :- Rohan Gupta
Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Learned counsel for the applicant is permitted to delete the

applicant no.2 from the array of the parties during the course of the
day.

2. Heard learned counsel for the applicants and Sri Rajeev Kr.
Singh, learned A.G.A. for the State.

3. The instant application has been filed to quash the entire

proceeding of Case No.1957 of 2016 (State of U.P. Vs. Anil
Krishnadas Agrawal and another), under Sections 26 & 59 of the
Food Safety and Standards Act, 2006, pending in the court of
C.J.M., Mau.

4. The contention of learned counsel for the applicants is that

admittedly packet food (noodles) in question was manufactured in
the month of April, 2015 and sample of the same was collected on
10.06.2015. As as per the food analyst report, contents of lead in
the food sample was more than 2.5 PPM Kg., which is more than
the prescribed advisory issued by the Department of Food on
08.06.2015. But on the date of manufacturing of food in question,
advisory was not in force. Therefore, standard mentioned in
advisory is not applicable on the food product in question. Learned
counsel for the applicant further submitted that from the perusal of
the impugned summoning order, it is clear that the court has not
 applied mind and no satisfaction was recorded and simply case
was registered and notice was also issued. In support of his
submission, learned counsel for the applicant has placed reliance
upon the judgement of Hon'ble Apex Court in the case of Lallan
Kumar Singh Vs. State of Maharashtra, 2022 SCC Online 1383.
The Hon'ble Apex Court in the above judgement observed that
issuing summon is a serious matter that should not be adverted to
unless satisfaction is recorded. On the delay part, learned counsel
for the applicant further submitted that the applicant immediately
after receiving the summons, appeared before the court concerned
on 03.01.2023 and delay itself cannot be a ground from refusing to
quash the frivolous prosecution.

5. The matter requires consideration.

6. Issue notice to the opposite party No.3.

7. List in the week commencing 15.7.2024.

8. Till the next date of listing, the proceeding of Case No.1957 of

2016 (State of U.P. Vs. Anil Krishnadas Agrawal and another),
under Sections 26 & 59 of the Food Safety and Standards Act,
2006, pending in the court of C.J.M., Mau shall remain stayed so
far as the present applicant is concerned.

9. However, the court below is free to proceed against other co-

accused persons, if there is no legal impediment.

Order Date :- 13.5.2024

Sanjeet

Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad