V N CHOKRA Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition filed by Mr. V. N. Chokra in his capacity as Manager of the Jawala Flour Mills, Amritsar.

(2.) THE facts are that on the 18th of June 1964. Food Inspector H. R. Khanna purchased 600 grams of suji from Pashori Lal, a grocer of Paprola. The suji purchased by the Inspector was taken from a closed bag containing 2 mds. 17 seers of suji bearing the name of the Jawala Flour Mills, Amritsar. The report of the Public Analyst on the sample sent to him for examination was that it was adulterated as being highly infested with insects.

(3.) A complaint was then filed by the Food Inspector in the Court or the Sub-Divisional Magistrate at Palampur against both Pashori Lal and Messrs. Jawala flour Mills, which had been described as a company, though it does not appear to be any more than a firm. In answer to the summons served on the so-called company Banarsi Das, an accountant, appeared on the 21st of December 1964 with counsel, but the learned Magistrate would not recognise either the accountant or the counsel as representing the company and refused to entertain some application which was sought to be filed and he issued a warrant of arrest against the company without naming any particular individual and so obviously nobody could be arrested under it. However, on the 16th of January 1965, Mr. V. N. Chokra, the Manager of the firm, appeared and filed an application on which an order was passed for a reply from the Food Inspector. The learned Magistrate then proceeded to record an order to the effect that Pashori Lal accused was present, but that the second accused was absent. The Food Inspector was asked to furnish the correct address of the second accused and the case was adjourned to the 2nd of February 1965.