O P JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) -This criminal revision has been directed against the order dated 18.1.1990 passed by Judicial Magistrate, Ghaziabad, summoning the applicants in Criminal Case No. 240 of 1990 under Section 7/16, Prevention of Food Adulteration Act (hereinafter called the Act).

(2.) IN the complaint, the Food INspector has arrayed M/s. Mercury Protein Products (P.) Limited, F-11, Sector 11, Noida, Ghaziabad, through its Directors, O. P. Joshi, Arun Joshi, S. P. Joshi and Bhanu Prakash Joshi.

(3.) IT is thus clear that the Director who has been authorised to exercise all such powers and take all such measures as may be necessary or expedient to prevent the commission by the company of any offence under this Act. The Food Inspector has arrayed the company and four directors as accused persons in this case. The directors so implicated in the case are not authorised under Section 17 (2) of the Act. By a resolution dated 2.2.1989, the Board of Directors of M/s. Mercury Protein Products (P.) Limited had authorised Mr. A. M. Joshi to look after the prevention of food adulteration and food department and shall be fully responsible for marketing on behalf of the company and will send the documents as may be required. Mr. A. M. Joshi has not been implicated as an accused in this case. Therefore, the order of summoning dated 18.1.1990, contained in Annexure-3 to the memo of revision, is not in consonance with the provisions of Section 17 (2) of the Act and, therefore, deserves to be quashed.