High Court of Punjab and Haryana, Chandigarh
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ARADHNA SOFT DRINKS COMPANY v. STATE OF HARYANA & Anr - CRM-42454-M-2005  RD-P&H 1020 (21 February 2006)
CRL. MISC. NO. 42454-M OF 2005
DATE OF DECISION: 03.03.2006
ARADHNA SOFT DRINKS COMPANY
STATE OF HARYANA AND ANOTHER
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr R.S. Cheema, Senior Advocate with Mr Rajesh Batra, Advocate for
Mr Dinesh Banth, Advocate,
for the petitioner.
Mr Sidharth Sarup, AAG, Haryana.
This order will dispose of Criminal Misc. Nos.42454-M, 42456- M, 42458-M, 42464-M, 42466-M, 42468-M, 42470-M, 42472-M, 15042-M of 2005 and 5512-M and 5514-M of 2006.
On 9.8.2005, the following order was passed:- "Reliance is placed on Annexure P-6.
Notice of motion for 16.9.2005.
Put up along with Crl. Misc. No.15042-M of 2005." In Annexure P-6, the following order was passed:- "Learned Senior Counsel submitted that the petitioner company being manufacturer of soft drink known as mountain Dew, is in petition under Section 482 of Code of Criminal Procedure against launching of prosecution by way of complaint (Annexure P-2) for alleged contravention of a provision of notification dated 30.12.2002, which came into force only on 1.10.2003, whereas samples of food articles were taken on 7.8.2003. Learned Counsel further submitted that under the said notification, a bottle was to bear label showing quantity of sugar added. He contended that since the notification was to come into force prospectively w.e.f. 1.10.2003, the complaint appears to be misconceived in as much as it alleged contravention of a provision, which was yet to be enforced.
Notice of motion for 7.7.2005.
Further proceedings to remain stayed till the next date of hearing."
Counsel for the State of Haryana fairly stated that these cases are covered by order passed today in Criminal Misc. No.42460-M of 2005, Aradhna Soft Drinks Company vs. State of Haryana and another.
These petitions are, accordingly, disposed of in same terms.
March 03, 2006 ( ADARSH KUMAR GOEL )
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