SARDARI LAL Vs. STATE ETC.

JUDGEMENT

(1.) This reference by Shri M.K. Chawla, Additional Sessions Judge, has arisen in the following circumstances : On 4lh June, 1971 Food Inspector A. James had visited the premises of Sardari Lal, petitioner herein, at Asaf Ali Road, New Delhi and purchased 450 gms. of table butter from 'the petitioner for the purpose of analysis. One part of the sample was sent to the Public Analyst and the sample was found to be adulterated. On receipt of the report of the Public Analyst, the Municipal Prosecutor filed a complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act (hereinafter called the 'Act') against the petitioner. At the trial the defence of the accused was that he had purchased the butter from Jugal Kishore who was a jalesman of Harsaran Das dealer in Indico butter. Jugal Kishore (D.W. I) Supported the above version of the petitioner.

(2.) On April 28, 1972 the Judicial Magistrate trying the case passed an order under section 20A of the Act that Jugal Kishore, Harsaran Das proprietor U.P. Dairy Farm, and M/s. U.P. Dairy Farm were also concerned with the offence and accordingly summoned them. On 31st July, 1972 it was reported that Harsaran Das had died. On 29th Sept., 1972 proceedings against Harsaran Das were dropped and the case proceeded against the remaining accused. The prosecution closed its case on 26th Oct., 1972.

(3.) On 19th Dec., 1972 the petitioner Sardari Lal filed an application under sections 253(1) and 540 Cr. P.C. alleging therein that Kesho Saran and Ramesh Saran were partners of M/s. U.P. Dairy Farm and were responsible to the firm for the conduct of the business and that the applicant (petitioner) and a clerk from the office of the Registrar of Firms may be examined in the interest of justice. On 29th Jan. , 1973 the Magistrate passed an order for summoning the clerk from the office oi the Registrar of Firms. On 13th Feb., 1973 a clerk from the office of Registrar of Firms appeared but since he had not brought the record he was bound down for 28th Feb., 1973.