HARI SHANKAR AGGARAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the appellant and Dr. Manish Singhvi, learned senior counsel appearing for the State of Rajasthan. This appeal has been filed against the judgment and order dtd. 17/4/2018 passed by the High Court of Judicature for Rajasthan, by which the Criminal Miscellaneous (Petition) No.1664/2018 filed by the appellant has been dismissed.

(3.) Brief facts necessary for deciding this appeal are:- a complaint was filed by the Medical and Health Department, (Rajasthan) for offence under Sec. 7/16, Prevention of Food Adulteration Act, 1954 on the basis of inspection made on 2/3/2002 on Oswal Traders Shop. In a complaint, it was averred that on information received from Commercial Tax Department, Jaipur, the nominee of firm is Hari Shankar Aggarwal S/o Shri Vasudev Prasad Agarwal, therefore he has been made a party. In paragraph 11, it was further stated that according to information received from the Local Health Officer, Mathura the Director of M/s Bhola Baba Milk Food Industry is Devendra Singh Bhadauria, who was also impleaded as one of the party. The Judicial Magistrate, Jhalwar, Rajasthan, took cognizance of the offence and issued summon by order dtd. 4/8/2003. Against the order dtd. 4/8/2003, the appellant-Hari Shankar Aggarwal filed criminal case No.17 of 2017, challenging the order of the Trial Court dtd. 4/8/2003.