The Delhi High Court has dismissed a plea filed by two former directors of a private beverage company seeking to set aside a trial court order, which framed charges against them under provisions of Prevention of Food and Adulteration Act.
Justice Suresh Kumar Kait, while dismissing the plea on Monday, said that the directors were also liable for prosecution as they were in charge of or were responsible for the conduct of the company's business affairs.
The High Court observed that there was no illegality or perversity in the order passed by the trial court and said there was no merit in the petitions filed by former directors of the beverage company.
Former directors Raghav Gupta and Deepak Kumar had filed a petition seeking to quash the trial court order dated June 6, 2016, ordering to frame charges against them.
The petitioners were erstwhile Directors of the company namely V & V Beverages, importer of Snapple Juice Drink (alleged food article) and supplied to A & M Enterprises, a distributor company, which in turn distributed the same to Barista Coffee Company Limited.
According to a complaint on May 3, food officials under the supervision of the local health authority lifted samples of alleged misbranded product Snapple Juice Drink from a coffee outlet in Connaught Place in Delhi and deposited it to the public analyst (PA) and local health authority.
"According to report dated May 30, 2011, the PA reported that alleged article was conforming to standards, yet the sample was found misbranded being in violation of Rule 32 (e) of the Prevention of Food and Adulteration Rules 1955, as amended because there was ostensibly no batch number or code number mentioned on the label," the complaint said.
However, after obtaining the due sanction of the Director, PFA, a complaint was filed against nine accused, including the petitioners for alleged violation of provisions dealing with the Prevention of Food and Adulteration Rules.
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