Shweta (Lawyer) 07 May 2009

Under Food & Adulteration act

Hi All

My clients are based in gujrat and 25 yrs a ago 2 cases were filed against them under food and adulteration act.

1) Offence No 1- Small quantity of milk was found in amras... should have actually named it Mango Milkshake instaed of amras

2)Offence no.2.- a smal blacl inseford to go to the high court. The Advocate is says there is nother solution. Please help as in in what way can we end this case. Also if we plead guilty will the person be hbe impriosned since he is already 70 yrs of age and the case is goin on since 25 years.Is the lawyer ther misguiding us.

Please advice on further Corse

Regards

Adv. Shweta Prabhuct found in uncooked rice that was taken for sample during inspection.

In both the above cases the matter is still on the the starting stage and nothing has been done...When spoke to the lawyer there asking him ti expedite the matter he said that it cannot be done since court does not take any cognizance. He says the only solution is to get quashing orders from the High Cort.

My clients are senior citizens and cannot travel nor can they sf

Reply Follow

4 Replies

Shweta (Lawyer) 07 May 2009

Hi All

There was some typing error in the above.. Please ignore the earlier posting.

My clients are based in Gujrat (Baroda) and 25 yrs a ago 2 cases were filed against them under food and adulteration act. They had 2 restaurants on partnership both of which have been now shut since 10 years. 2 offences have been registered against them under the name of 2 diff hotels

1) Offence No 1- Small quantity of milk was found in amras. They should have actually named it Mango Milkshake instead of amras

2) Offence No.2.- a small black insect was found in raw rice that was taken as a sample from their hotel while inspection.

In both the above cases the matter is still on the starting stage and nothing has been done since 25 years. The advocate there says that its always the Food Inspector who remains absent. When spoke to the lawyer there asking him to expedite the matter he said that it cannot be done since court does not take any cognizance even if such an appli is made. He says the only solution is to get quashing orders from the High Court. Also if we plead guilty will the person be imprisoned since he is already 70 yrs of age and the case is goin on since 25 years. Is the lawyer there misguiding them.

My clients are senior citizens and cannot travel and hence do not want to take it to the high Court.

Please help as in what way can we end this case us.

Please advice on further course

Regards

Adv. Shweta Prabhu

(Guest)

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.NO.09325226691,09271971251 e.mail.adv.nbsawant@yahoo.co.in e.mail.nandkumarbs@sify.com REGARDING THE FOOD ADLT.CASE KINDLY NOTE THAT 1.YOU CAN FILE`AN APPLICATION FOR DISCHARGE ON BEHALF OF ACCUSED IN THE COURT AND ALSO FILE A SEPERATE APPLICATION FOR ALLOWING PERMAMENT EXEMPTION TO ACCUSED TILL THE EVIDENCE STARTS. 2.KINDLY NOTE THAT IT IS A STATE CASE AND THE OTHER SIDE WILL FILE REPLY ON BOTH YOUR APPLICATIONS AND OPPOSE THE SAME. 3.YOU SHOULD MENTION ALL FACTS AND STRONG POINTS ON BEHALF OF OLD ACCUSED AND ALSO MENTION THE FACT THAT THE CASE IS PENDING SINCE SO MANY YEARS. 4.THE HON"BLE COURT WILL HEAR BOTH THE SIDES AND WILL PASS AN ORDER ON BOTH APPLICATIONS. 5.IN CASE THE EVIDENCE AGAINST ACCUSED IS INSUFFICIENT THEN THE ACCUSED MAY BE DISCHARGED. 6IN CASE YOUR PERMANENT EXEMPTION APPLICATION GETS ALLOWED THE ACCUSED NEED NOT ATTEND HONBLE COURT TILL THE EVIDENCE STARTS. 7.BUT IN CASE YOUR APPLICATIONS ARE REJECTED YOU MAY APPROACH HON'BLE DIST AND SESSIONS COURT UNDER SEC.397 OF CRPC BY ENCLOSING THE CERTIFIED COPIES OF THE ABOVEMENTIONED REJECTION ORDERS OF THE COURT. 8IN CASE YOU SUCCEED YOUR CLIENT GETS DISCHARGED. 9BUT IN CASE YOUR APPLICATION IS REJECTED BY DIST AND SESSIONS COURT THEN YOU MAY FILE APPLICATION TO HON'BLE LORDSHIPS HIGH COURT UNDER PROVISIONS OF SECTION 482 FOR QUASHING THE COMPLAINT AND FOR DISCHARGE OF ACCUSED. 10 KINDLY NOTE THAT YOU HAVE TO BE SMART IN THINKING BE CONFIDENT YOU THINK OF THE AGE OF YOUR CLIENT .THIS ENTIRE PROCEDURE OF DIST AND SESSIONS COURT AND HIGH COURT MAY TAKE AT LEAST 4 TO 5 YEARS TILL THAT TIME YOUR CLIENT CAN ENJOY PEACEFUL LIFE TILL HE SURVIVES. BUT KINDLY REMEMBER MOST IMPORTANT THING NEVER ADMIT ANY CRIME AS PUNISHMENT WILL BE STRICTLY ACCORDING TO LAW PROVISIONS OF THE SECTIONS OF THE ACT. WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND THE DETAILS THANKING YOU YOURS SINCERELY NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE FOOD ADULTERATION CASE OF SENIOR CITIZENS KINDLY NOTE THAT

1.YOU MAY FILE A DISCHARGE APPLICATION AT THE COURT AND MENTION ALL FACTS AND IF POSSIBLE TAKE A CERTIFIED COPY OF ROJNAMA, THAT DAY TO DAY RECORDING OF THE COURT.THIS WILL BE USEFUL TO PROVE THE FACTS.

2.IN CASE THE PROSECUTION IS NOT RESPONDING THEN YOUR CLIENT CAN BE DISCHARGED.

3.IN CASE THE SAID DISCHARGE APPLICATION IS REJECTED THEN YOU MAY FILE REVISION TO THE HONOURABLE SESSIONS COURT UNDER SEC.397 OR CRPC.AND PRAY FOR DISCHARGE OF ACCUSED.

4BUT YOUR CLIENT SHOULD NOT ADMIT THE CRIME, THEN HE MAY GET PUNISHMENT.

5.KINDLY NOTE THAT THE BEST POSSIBLE AND ADVISIBLE LEGAL REMEDY WILL BE FILE A WRIT PETITION UNDER SECTION 482 OR CRPC AT THE HIGH COURT FOR QUASHING THE COMPLAINT AND ENCLOSE THE CERTIFIED COPY OF ROJNAMA AS MENTIONED ABOVE.KINDLY FURTHER NOTE THAT YOUR CLIENT IS A SENIOR CITIZEN ,HE NEED NOT ATTEND THE HIGH COURT FOR HEARING ,ONLY HE HAS TO SIGN VAKALATNAMA AND AFFIDAVIT WHICH CAN BE MADE AT DIST COURT ALSO.

YOU WILL SUCCEED.

IN CASE YOU NEED ANY FURTHER INFORMATION ,KINDLY SEND DETAILS

WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

YOURS SINCERELY