Learned advocate for the petitioners relying on the decision of the Apex Court in the case of Pepsico India Holdings Pvt. Ltd. vs. Food Inspector & Anr[(2011) 1 SCC 176] submitted that the case on hand is squarely covered by the decision in the case of Pepsico India Holdings Pvt. Ltd. It is further submitted that the shelf life of the impugned soft drink is six months and the unexplained delay in filing the complaint has caused great prejudice to the accused in not allowing the accused the statutory right under Section 13(2) of the Prevention of Food Adulteration Act, 1954 since the report of the public Analyst is dated 05.09.2006 and date of filing of the complaint is 09.02.2007.
2. Learned advocate for the complainant seeks time.
3. Considering the overall facts and circumstances of case and law laid down by the Apex Court on the issue, I am inclined to grant stay of further proceedings of the impugned complaint qua the petitioners till further order.
Post the matter on 29th March, 2012.
[Anant S. Dave, J.] *pvv HC-NIC Page 1 of 1 Created On Fri Oct 06 23:20:22 IST 2017