RAMESH SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Chief Judicial Magistrate, Tezpur took cognizance of the offence under Ss.7/17 read with S.16 of the Prevention of Food Adulteration Act vide order dt. 17-10-1979 against (1) Firm Shewnarayan Chhaganlal represented by (2) accused Chouthmal Bhati and accused Ramgopal Brahmin in C.R. Case No. 675 of 1979. After recording evidence partially the Court by its order dt. 18-1-1980 by virtue of power, under S.20A impleaded (1) Assam State Co-operation Marketing and Consumers Federations Ltd., Tezpur and (2) Shri Ramesh Sarma, Branch Manager as co-accused to face the prosecution. Again vide order dt. 11-3-1980, the Court by virtue of S.20A impleaded Shri Gopal Das and Mohanlal being partners of M/s. Gopal Industries, Dharamshala Oil, Morena, Madhya Pradesh as co-accused to face the prosecution.

(2.) Shri Ramesh Sarma, Branch Manager, A.S.C.M. and C.F. Ltd. has impugned the order dt. 18-1-1980 of the Chief Judicial Magistrate, Tezpur in Criminal Revision No. 300 of 1981; whereas, M/s. Gopal Industries has impugned the order dt. 11-3-1980 of the Chief Judicial Magistrate in Criminal Revision No. 254 of 1981. Both the revisions have out of the 2 different orders under S.20A of the Prevention of Food Adulteration Act (hereinafter called the 'Act') in the same case and so heard analogous and disposed of by this judgement and order.

(3.) Learned counsel Mr. T.C. Khatri submitted that the Magistrate had no material and scope for impleading the petitioners by invoking the power under S.20A by the 2 (two) impugned orders and referred several decisions. On the other hand learned counsel Mr. J.P. Bhattacharjee representing the 1st set of accused submitted that the elements for invoking the power under S.20A by the Magistrate was very much there in both the occasions and that the orders are valid and petitioners had been justly impleaded to face the trial together with the 1st set of accused. Learned Public Prosecutor Mr. C.R. De has endorsed views expressed by Mr. J.P. Bhattacharjee. Perused the impugned orders and materials on record.