Upgrad LLM

prevention of food & adulteration

Sr. Ex.Legal

Dear all

I want your guidence in the following :

There is PFA case filed against my company where two person along with the company are made accused for misbranding. The matter is at the stage of summoning and the chargesheet has been filed. Now one of the accused wants to leave the organisation and  decided to seek job abroad . What are the remedies for him , either  to file a quashing before the concerned High court  or take the recourse before the same court or plead guilty .

 

Regards

Priya Ranjan

 
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Dear Sir,


PFA act ,1954 and Rules therein, 1955 provide for charges to be framed on alleged accused for misbranding or non compliance with the PFA Rules and are criminal complaints in nature. However, if the alleged accused have committed any offence for the first time they may pay fine in the court and give an undertaking for non occurence of such offence further. The court may at its discretion grant releif to the same.


Regards,


Rhishi.

 
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advocate/legal consultant

thanks very much

 
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You did not give the particulars of the said person interested in leaving the company viz., his designation in the company and the role he played in the day to day affairs of the company.


Under the Prevention of the Food Adulteration Act, it is mandatory for the prosecuting agency to make an allegation in the complaint against any person who was shown as accused that:


(i)  he was nominated by the company for the conduct of the business of the company authorised by the company, (or)


(ii) The accused was responsible for the conduct of the business of the company and he is involved in the process of manufacturing and distributing the product which was misbranded. 


If the prosecuting agency did not specifically allege in the complaint stating that the person is the nominated by the company for the conduct of the business or that he was responsible for the conduct of the business at the relevant point of time, the accused can invoke the jurisdiction of the High Court concerned u/s 482 Cr.P.C. seeking to quash the proceedings which is the effective remedy.


 


If there are any such allegation against the accused in the complaint, he has to either face the trial and establish that he is neither nominated by the company nor he is responsible for the conduct of the business of the company at the relevant point of time, which may take time. 


 


If it is imminent to leave the country, he may plead guilty and suffer punishment of imprisonment which may be imposed by the court, which is however minimium is six months and maximum is three years and fine of Rs.1,000/-


 


 


 

 
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