The Supreme Court has quashed criminal proceedings initiated against a Coca Cola company official in a case allegedly involving spurious Limca.
It has set aside a Patna High Court judgement that refused to quash proceedings against Bharat Coca Cola Bottling North East Manager Saumindra Bhattacharya.
A bench headed by Justice H S Bedi while setting aside the High Court order quashed the proceedings against Bhattacharya as well.
Earlier, the High Court had quashed the proceedings against the Coca Cola India President and the Consumer Affairs Coordinator but not the manager.
"We are, therefore, of the opinion that even assuming that some report of the public analyst had been put on record during the pendency of the complaint before the Magistrate, this factor will not cure the defect under Section 20 (of the Prevention of Food Adulteration Act, 1954) as the very institution of the complaint without the report of the public analyst was not authorised in law," the Bench stated.
It said that a prosecution for an offence under the Act can be instituted by a purchaser only if the report of the public analyst is produced along with the complaint.
