HINDUSTAN UNILEVER LTD.versusSTATE OF RAJASTHAN & ANR.

                        (2016] 2 S.C.R. 401



                 HINDUSTAN UNILEVER LTD.                               A
                                 v.
                 STATE OF RAJASTHAN & ANR.
                 (Criminal Appeal No. 252 of2016)
                          APRIL 12,2016                                B
        [DIPAK MISRA AND SIDVA KIRTI SINGH, JJ.]
        Prevention of Food Adulteration Act, 1954 - ss. 16 and 13(2)
 - Prosecution u/s. 16 r!w. r. 50 (I) the Prevention of Food
 Adulteration Rules, 1955 - Of 6 accused - One of the accused
 exercised his right uls. 13 (2) - Second as weU as third samples
                                                                        c
 directed to be given to Central Food LaboratoryJCFL) for .re-
 analysis - Petition by appellant-accused u!s. 482. Cr.PC. for
·quashing the proceedings - Dismissed by High' <;;ourt ~ On appeal,
 held: In a case where there are many accused, once a right is
 exercised ills. 13(2) by any of the accused leading to a certificate . D
 from Director of CFL, such report shall supersede the report of the
 Public Analyst - Such supersession shall enure to the benefit of all
 the accused and not alone to the accused who exercised the right u/
 s. 13(2) - The criminal proceedings are liable to be quashed- Code
 of Criminal Procedure, 1973 - s. 482 - Prevention of Food
                                                                        E
 Adulteration Act, 1955 - r. 50(1).
      Allowing the appeal, the Conrt
       HELD: In a case like the present, where there are many
                                                               ' ·
accused, ouce right is exercised under Section 13(2) of Prevention
of Food Adulteration Act, 1954 by any of the accused leading to a' F
certificate from the Director of the CFL, the conseq~nce would
be supersession of the report given earlier by the Public Analyst.
under sub-section (1) of Section 13 and such supersession must
enure to the benefit of all the co-accused and not alone to the
accused who exercised their right under Section 13(2) of the PFA
Act. In cases where the number of accused is more than oue, G
there is no possibility of complying with individual prayer of all
the co-accused to send different samples for re-analysis by the
CFL because Statute requires preparation of only 3 samples. [Paras
5 and 6] [403-G; 404-A, H; 405-A]
                                                                       H
                                401
402             SUPREME COURT REPORTS                       [2016] 2 S.C.R.


A           Girishbhai Dahyabhai Shah v. C.C. Jani & Anr. (2009) 15
            SCC 64: 2009 (12) SCR 229 - relied on.
                              Case Law Reference
            2009 (12) SCR 229             relied on.            Para 7
 B         CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
      No. 252 of2016
            From the Judgment and Order dated 12.01.2015 of the High Court
      of Judicature at Rajasthan, Jaipur Bench, Jaipur in S. B. Criminal
      Miscellaneous Petition No. 444 of2008
 c          Sidharth Luthra, Sr. Adv., Ajay Aggarwal, Satish Solanki, Sidharth
      Banthia, Ms. Ruchika, Rajan Narain, Advs., with him for the Appellant.
           S.S. Shamshery, AAG, Amit Sharma, lshu Prayas, Ms. S. Spandana
      Reddy, Advs., with him for the Respondents.
            The Judgment of the Court was delivered by
D
          SHIVA KIRTI SINGH, J. l. By the impugned order under
    challenge dated 12.01.2015 a learned Single Judge of Jaipur Bench of
    the Rajasthan High Court chose to reject appellant's prayer to quash
    criminal case bearing CC No.2776/2000 under Section 16 of the
    Prevention of Food Adulteration Act, 1954 (PFAAct) pending on the file
 E
    of Chief Judicial Magistrate, Jaipur City, Jaipur. As a consequence,
    appellant's application under Section 482 of the Code of Criminal
   ·Procedure bearing Criminal Miscellaneous Petition No.444 of2008 stands
    dismissed by the High Court.
         2. A perusal of the complaint petition filed by Food Inspector in
 Fthe office of the Chief Medical and Health Officer, Jaipur discloses that
  appellant along with five others has been arrayed as accused. As per
  allegations, a sample of Kesar Pista ice cream was taken by the Food
  Inspector from a dealer of the appellant's product on 05.04.1999. After
  taking the necessary steps samples in three empty bottles were prepared
G to which required quantity of formalin was also added in each bottle.
  One sample was sent for analysis to the Public Analyst as required by
  the provisions of the PFAAct. As per report of the Public Analyst dated
  19.04.1999 the sample was found to be adulterated as itdid not conform
  to the prescribed standards. According to the complainant all the required
  steps were taken as per law and complaint was filed on 23 .11.2000
H against all the accused persons including the appellant under Section 16
   HINDUSTAN UNILEVER LTD. v. STATE OF RAJASTHAN                              403
                [SHIVA KIRT! SlN9H, J.]

 of the PFAAct and Rule 50(1) of the Prevention of Food Adulteration           A
 Rules, 1955 framed under the said Act. One co-accused exercised his
 right under Section 13(2) of the PFAAct and on his application said to
 be dated 03.01.2001, the learned Magistrate took a final decision to send
 the second sample for re-analysis by an order passed as late as on
 05.02.2004. The Central Food Laboratory (CFL) gave its report dated
                                                                               B
 06.07 .2004 to the effect that "sample received deteriorated and was not
 in a condition fit for analysis". In September 2004 learned Magistrate
 directed the prosecution to produce the third sample. Such direction
 was reiterated in November 2007. In March 2008 the appellant moved
 the High Court with the quashing petition but the same was ultimately
 dismissed by the impugned order dated 12.01.2015.                             c
         3. Mr. Sidharth Luthra, learned senior advocate appearing for the
 appellant highlighted before us the provisions of Section 13(.2) of the
 PFA Act to submit that a valuable right has been conferred upon the
 accused that ifhe or they so desire, any of them can make an application
 to the court to get another sample of the article of food anJtlysed by the    D
 CFL. He also highlighted that under sub"section (3) of Section 13 the
 ce_rtificate issued by the Director of the CFL in terms of sub-section
 (2B) supersedes the report of the Public Analyst under sub-section (l)
 of Section 13.
       4. The impugned order of the High Court shows that all the relevant     E
 issues as well as case laws were placed and considered and thereafter
 prayer of the appellant was rejected on the ground that although the
 second sample sent for analysis was found to be deteriorated, the third
 sample was not made available to the court till the year 2007 and the
-appellant as a co-accused did not exercise its right under Section 13(2)
 of the PFA Act.                                                               F

        5. On hearing the parties we find ourselves in complete agreement
 with the submissions advanced on behalf of the appellant that in case
 like the present where there are many accused, once right is exercised'
 under Section 13(2) of the PFAAct by any of the accused leading to a
 certificate from the Director of the CFL, the consequence would be            G
 supersession of the report given earlier by the Public Analyst under sub-
 section (I) of Section 13 and such supersession must enure to the benefit
 of all the co-accused. The submission advanced on behalf of the
 respondents by Mr. S.S. Shamshery, learned Additional Advocate General
 for the State of Rajasthan that such supersession will be only to the
                                                                               H
404               SUPREME COURt REPORTS                         [2016] 2 S.C.R.


A     benefit of the accused who exercised their right under Section 13(2) of
      the PFA Act does not merit acceptance. The first and foremost reason
      for the aforesaid view is plain and simple words of sub-sections (2) and
      (3) of Section 13,. For sake of convenience sub-sections (I), (2) and (3)
      of Section 13 are extracted below :
            "13. Report of public analyst.-( I) The public analyst shall deliver,
            in such form as may be prescribed, a report to the Local (Health)
            Authority of the result of the analysis of any article of food
            submitted to him for analysis.
              (2) On receipt of the report of the result of the analysis under
            sub-section (I) to the effect that the article of food is adulterated,
c           the Local (Health) Authority shall, after the institution of prosecution
            against the persons from whom the sample of the article of food
            was taken and the person, if any, whose name, address and other
            particulars have been disclosed under section I 4A, forward, in
            such manner as may be prescribed, a copy of the report of the
D           result of the analysis to such person or persons, as the, case may
            be, informing such person or persons that ifit is so desired. either
            or both of them may make an application to the court within a
            period of ten days from the date of receipt of the copy of the
            report to get the sample of the article of food kept by the Local
            (Health) Authority analysed by the Central Food Laboratory.
 E
              (2A) ............... .
              (2B) ............... .
              (2C) ............... .
              (20) ............... .
 F            (2E) ............... .
            {3) The certificate issued by the Director of the Central Food
            Laboratory under sub-section (28) shall supersede the report given
            by the public analyst under sub-section (I).
            (4)        ............... .
 G          (5)        ................"
                                                           (Emphasis supplied)
              6. The aforesaid view is also warranted by the fact that in the
      prevailing situation it will be a sheer waste of time and an empty formality
      to get the third sample also declared as deteriorated, by the CFL. There
H     may also be cases like the present one where the number of accused is
  HINDUSTAN UNILEVER LTD. v. STATE OF RAJASTHAN                                405
              [SHIVA KIRT! SINGH, J.]

more than three. In such cases there is no possibility of complying with        A
individual prayer of all the co-accused to send different samples for re-
analysis by the CFL because Statute requires preparation of only 3
samples.
                             '
       7. For the aforesaid reasons we are of the considered opinion that
the view taken by the High Court in this case was erroneous and contrary        B
to law. The view taken by us in this case gets support from a judgment
of this Court in the case ofGirishbhai Dahyabhai Shah v. C.C. Jani
& Anr. 1 though rendered in a different factual matrix. The impugned
order is therefore set aside. As a sequel, the prayer of the appellant
before the l;ligh Court for quashing the criminal complaint stands allowed.
The Criminal Appeal is also thus allowed.                                       c
Kalpana K. Tripathy                                        . Appeal allowed.




• (2009) 1s sec 64