SHIV DASS PURI Vs. STATE

JUDGEMENT

(1.) Shri Shiv Dass son of Shri Nand Lal, resident of New Moti Nagar, New Delhi, has made this application under S. 435 Cr. P.C. for the revision of an order, dated 6-7-1967, passed by Shri D.D. Gautatn, MIC., Delhi, dismissing the petitioner's application and proceeding with the joint trial of the petitioner and one Kundau Lal, on charges under S. 16 of the Prevention of Food Adulteration Act, 1954, read with S. 7 of the same Act.

(2.) Shri Ved Parkash, Assistant Municipal Prosecutor, M.C., Delhi, filed a complaint for the joint prosecution of the petitioner and one Kundan Lal for the commission of offence, punishable under S. 16, read with S. 7, of the Prevention of Food Adulteration Act, 1954, on the allegations that on 29-6-1966, in Delhi, Kundan Lal, co-accused of the petitioner, had kept for sale, a stock of sub-standard haldi powder, and had sold, for analysis, from that stock, a sample to Shri H.K. Bhanoi, P.W. 1 Food Inspector, and that the petitioner was the manufacturer of that foodstuff. In the proceeding on that complaint, the petitioner and his co-accused Kundan Lal, were summoned for trial, when the petitioner made, in the trial court, an application objecting to his joint trial with his co-accused Kundan Lal, and asked for his discharge. The trial Magistrate did not accede to that request, and passed the order, under revision, dismissing the petitioner's application The petitioner has made this application for the revision of the order, referred to above, passed by the Magistrate. This petition is opposed on behalf of the State.

(3.) I have heard counsel for the petitioner, as also S.P P for the State, and I have also gone through the relevant records.