RECKITT AND COLMAN OF INDIA LTD Vs. STATE

JUDGEMENT

(1.) THE present revisional application is directed against an order dated 30th November, 1981 passed by Sri A. K. Basu, Judicial Magistrate First Class, Siliguri, in Case No. C. R. . . 363 of 1977 and also for quashing of the entire proceddings of the said case. The petitioner company is a manufacturer and the opposite party No. 2. Azad Hind Stores, Siliguri, is a Distributor in respect of siliguri town and other adjoining areas of its articles of manufacture which includes Purity Indian Barley.

(2.) ON 17th May, 1977, the Food Inspector of Siliguri Municipality, collected a sample of Purity Indian Barley from the possession of Sri radheshyarn Agarwalla, a partner of M/s. Azad Hind Stores observing legal formalities as provided under the Prevention of the Food Adulteration act and purchased samples on payment of a price of Rs. 15/- only. The articles were all sold in sealed tins and at the relevant time M/s. Azad hind Stores had total stock of five dozen of Purity Indian Barley sealed tins. One part of the sample was sent to the Public Analyst and a report was obtained to the effect that the sample was misbranded.

(3.) THERE was a prosecution against M/s. Azad Hind Stores, Siliguri and its partners. Evidence was tendered on behalf of the prosecution as well as on the defence on a charge under Section 1 read with Section 16 of the Prevention of the Food Adulteration Act. to which the accused persons all pleaded not guilty and contended, inter alia, that the firm as also the partners thereof were covered by a warranty executed by the manufacturer, Reckitt and Col man of India Limited. On 3/11/79, while the learned Magistrate framed charge against M/s. Azad Hind Stores represented by its partner Radheshyarn Agarwalla, who was at the relevant time the person-in-charge of the firm and also against the partner Sri radheshyam Agarwalja, the vendor in respect of the seized articles, the other partners were all discharged.