IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24208 of 2008
MUKESH CHAUDHARY & ANR
Versus
STATE OF BIHAR
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2. 07.07.2008 Heard learned counsel for the petitioners and the
state.
Petitioner no. 1 Mukesh Chaudhary @ Mukesh
Kumar is brother of petitioner no. 2, Rajeev Chaudhary @
Suryadeo Chaudhary who is a licensee and has agency of
Pepsi and Mirinda.
The offence alleged is u/S 2, IX, (J),(K),(16)(1AA)
and Rule 50(1) of the Food Adulteration Act.
It is alleged that the food inspector raided business
premises of petitioner No.2 and seized bottles of cold drink.
The seized product was sent for chemical analysis and they
were found to be misbranded.
Counsel for the petitioners submits that as per
report , it is only violation of rule 32 of the Food Adulteration
Act for which maximum sentence is of six months and fine. It
has also been submitted that all necessary documents were
produced to show that the petitioner No. 2 is a licensee and
for misbranded products only the company is liable but in
spite of that no case was instituted against the company.
Considering the facts and circumstances of the
case, prayer of anticipatory bail on behalf of the petitioners
-2-
named-above is allowed. In the event of their arrest or
surrender within three weeks from today in the court below,
they will be released on bail on furnishing bail bond of Rs
10,000/- (ten thousand) each with two sureties of the like
amount each in connection with G.O. Case No. 03/05
T.R.No. 2232/07 to the satisfaction of SDJM, Samastipur.
A.K.V ( Mridula Mishra, J.)