SARAVANA OILS REPRESENTED BY RAM RAJ Vs. BHASKARAN

JUDGEMENT

(1.) CRL . M.P. No. 1605 of 1980 is filed to set aside the order of the Sub Divisional Judicial Magistrate, Villupuram in impleading the petitioner herein as a party in C.C. No. 503 of 1979.

(2.) THE short facts of the case are that on 29th March, 1979 one Bhaskaran, who is the accused and the first respondent in the above petition, had 15 kgs. of Vanaspathy for sale at his shop in Tindivanam. The Food Inspector, Tindivanam Municipality, who is the complainant in C.C. No. 503 of i979, purchased from the said Bhaskaran 5 kgs. of Vanaspathy for a sum of Rs. 15. The said Vanaspathy was sent for analysis and the Analyst certified that the Vanaspathy did not conform to the standards prescribed under the Prevention of Food Adulteration Rules. Hence, the Food Inspector filed C.C. No. 503 of 1979 against the said Bhaskaran, who is the first respondent, in this petition before the Sub Divisional Judicial Magistrate, Villupuram. When summons were sent to the said Bhaskaran, he contended by filing a petition before Court that he has purchased Vanaspathy which was sold to the Food Inspector from one Ram Raj, who is the sole Proprietor of M/s. Saravana Oils having their office at No. 7, Acharappan Lane, Madras -1. The original bill No 22363 dated 26th March, 1979 issued by Saravana Oils was produced before the Magistrate by the accused/Bhaskaran and he also filed a petition under S. 20A of Central Act 37 of 1954 to implead Saravana Oils. On this petition, a notice was issued to the complainant by the court. In view of the contention of Bhaskaran, the A.P.P.II filed a memo, in C.C. No. 503 of 1979 to implead the dealer Saravana Oils and to proceed with the case. The Magistrate on 21th October, 1979 passed an order as follows: -"Permitted. Issue Summons." Thereafter, one Mr. Ram Raj, the sole proprietor of Saravana Oils, after receipt of summons appeared before the Sub Divisional Judicial Magistrate, Villupuram. He filed M.P. No. 4!6 of 1980 under S. 20A of Central Act 37 of 1954 commending that his firm, Saravana Oils purchased several kinds of oils and Vanaspathy, from Oswal Oil and Vanaspathy Industries, Madras -21, Ajey & Sons, Madras -1 and from Majfa provisions, Madras -1. He contended that out of the stock purchased on 23rd March, 1979 from Ajey & Sons he sold 5 tins under bill No. 22363, dt. 26th March, 1979 to Bhaskaran (the owner of Nandagopal Chetty & Sons). It was also contended by Mr. Ram Raj who is the sole proprietor of Saravana Oils, that he buys Vanaspathy in tins and sells in tins, that he does not sell Vanaspathy in loose and that no tin is opened or part of its contents sold to outsiders. According to Ram Raj, M/s. Ajey and Sons having their office at No. 149, Anna Pillai Street, Madras -1 from whom he has purchased the Vanaspathy, be proceeded against and that he may be exonerated. The learned Magistrate on 10th March, 1980 in Crl.M.P. No. 416 of 1980 passed an order "implead the manufacturer as accused". It is against this order of impleading the manufacturer M/s. Ajey & Sons, Crl. M.P. No. 5134 of 1980 is filed before this Court to set aside the said order. Thus, the above two petitions have been filed before this Court under S. 482, Crl. P.C. against the orders of the Court in impleading Saravana Oils from whom Bhaskaran has purchased oil, and Ajey & Sons who are the manufacturers. The contention of the two petitioners, Saravana Oils and Ajey & Sons is that the trial Court erred in law in impleading them as accused in C.C. No. 503 of 1979.

(3.) BEFORE going to the detailed facts of the case, let us consider S. 20A of Central Act 3? of 1954 which deals with the power of Court to implead the manufacturer, etc. The said Section reads as follows :