2008 CRI. L. J. 2759 ::(2008) 2 WLC (RAJ) 401 ::(2008) 1 CriLR(Raj) 565

Rajasthan High Court

Hon'ble Judge(s): Raghuvendra S. Rathore , J

(A) Prevention of Food Adulteration Act (37 of 1954) , S.20, S.17— Framing of charges - There is no assertion in complaint that petitioners/accused were incharge of and responsible to Company for conduct of its business or in what manner they were liable for conduct of business - Merely by making averment in title of complaint about one of petitioners as promoter a presumption cannot be raised that they are automatically in charge of and responsible for conduct of business - Furthermore, there is no averment/allegations in complaint as to who is person nominated - Order framing charges against petitioner is liable to be quashed. 1976 Cri LJ 1533 (SC); 1977 Cri LJ 1146 (SC); 1983 Cri LJ 159 (SC), Relied on. Companies Act (1 of 1956) , S.62(6)— (Para 8 12 13) (B) Prevention of Food Adulteration Act (37 of 1954) , S.7, S.16— Sale of adulterated article - Prosecution for - Criminal case was initiated on day when complaint was lodged - Trial is pending for last twenty years at stage of framing charge - Petitioners have a right to have speedy trial as enshrined in Art.21. Constitution of India , Art.21— (Para 14) .....