RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THESE are two connected applications under section 482 CrPC. Criminal Misc. Application No. 326 of 1980 has been filed by Raj Kumar. Criminal Misc. Application No. 396 of 1980 has been filed by Babu Lal and Ram Gopal. According to the prosecution case, the Food Inspector found Ram Gopal selling groundnut oil at the firm M/s. Babu Lal Raj Kumar Sahu. On 21st March 1978 a sample of the same was purchased by the Food Inspector and after completing necessary formalities, a complaint was filed against Ram Gopal who has been summoned by the Chief Judicial Magistrate, Lalitpur. 6th December, 1978 was fixed for evidence of the complainant. On that date the statement of the Food Inspector was recorded. The statement of the Food Inspector disclosed that Babu Lal and Raj Kumar were the partners of the firm Babu Lal Raj Kumar. He appeared to be of opinion that both the partners of the firm should also be summoned under section 20-A of the Prevention of Food Adulteration Act. As such he has summoned both of them. Aggrieved thereby these two connected applications under section 482 CrPC have been filed in this Court which are up for disposal today.

(2.) I had heard learned Counsel for the parties on the last occasion and have also heard them today. The applicant's counsel has submitted that Section 20-A does not authorise a Magistrale to summon the partners of the firm for being prosecuted along with the accused. The facts disclosed in the complaint and the statement of the Food Inspector are that Ram Gopal was selling the groundnut oil in question at the firm of Babu Lal Raj Kumar. Section 20-A of the Prevention of Food Adulteration Act runs as follows :