SUNIL LAMBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C seeking quashing of order dated 29.8.2006, Annexure P9 and order dated 14.11.2000, Annexure P6, passed by the Court of Judicial Magistrate 1st Class, Ambala Cantt.

(2.) A perusal of the averments and pleadings made in the present petition reveals that Government Food Inspector, Ambala had inspected the premises of Vinay Mehra and had taken sample of Kwality Ice Cream. Vinay Mehra invoked the provisions of Section 20-A of the Prevention of Food Adulteration Act (for short, 'the Act') and made a request that manufacturer, dealer and distributor be impleaded as accused. Vinay Mehra appeared in Court on 11.1.2000 and disclosed that B.S. Ahluwalia was the Managing Director/Executive Director of Kwality Ice Cream, Industrial Area, Ludhiana. It surfaced that B.S. Ahluwalia, retired Major General had expired. In the present case, the company was to be prosecuted - through the present petitioner, who was in-charge of the affairs of the company.

(3.) Mr. H.S. Gill, learned senior counsel has drawn my attention, to communication Annexure P10 wherein the Chief Executive of the company had- appointed one Prem Singh as nominee under Section 17 of the Act. It appears that the petitioner was also summoned under Section 20-A of the Act to stand trial. An application for recalling of the summoning order is pending before judicial Magistrate 1st Class, Ambala Cantt. This inference is justified from the concluding portion of order dated 29.8.2006, Annexure P9 which reads as under:-