KWALITY RESTAURANT Vs. STATE

JUDGEMENT

(1.) On June 2, 1972 Shri Joginder Nath, Additional Sessions Judge, Delhi, made recommendations for quashing the orders of Shri K.B. Andley, Additional Chief Judicial Magistrate, by which it was directed that Messrs. Kwality Restaurant should be joined as accused in two cases under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act"). Kwality Restaurant is situate at No. 7, Regal Building, New Delhi. On July 29, 1970, at about 1 p.m., Shri M.S. Chadha, Food Inspector, went there. Shri Roshan Lal Bhakhri, manager of the restaurant, was present. After disclosing his identity and serving notices under section 11(a) of the Act to the manager of the restaurant of his intention to take samples for king analysed, he took samples of skimmed milk and curd which was said to have been prepared from skimmed milk. In the main-hall adjoining the kitchen, from where the samples were taken, boards were displayed indicating that skimmed milk and curd prepared from skimmed milk were used in the restaurant.

(2.) On the samples of the skimmed milk and the curd being sent to the Public Analyst for analysis these were reported to be adulterated. Thereon complaints under Sec. 7 read with section 16 of the Act were filed by the Municipal Prosecutor against Shri Roshan Lal Bhakhri.

(3.) During the trial of the complaints an application dated March 17, 1972 was submitted by the accused in each case raising two contentions. It was firstly urged that two prosecutions for the alleged offence of selling adulterated articles of food were void ab initio and secondly that Kwality restaurant, which is a legal entity, not having been prosecuted or made a party his prosecution was illegal.