RAJESH GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is petition against order dated 26. 11. 1987 passed by Sessions Judge, Jind whereby revision filed by Harbans Singh had been accepted and Sessions Judge, Jind had discharged Harbans Singh from the case and had directed that further proceedings, according to law, will be taken as against manufacturer Markanda Vanaspati Mills Limited shahabad Tehsil Thanesar.

(2.) FACTS of the case are that on 23. 5. 1983, Food Inspector had purchased sealed tin of 16 1/2 kg of 'sagar Vanaspati Ghee' from the shop of Harbans singh at Safidon. Samples drawn from that tin were not upto the prescribed standard and as such these were found to be adulterated. A complaint was filed as against Harbans Singh by the Government Food Inspector. Later on, Harbans Singh pleaded that the tin had been manufactured by Markanda vanaspati Mills Limited Shahabad Tehsil Thanesar. Then a notice was issued to the manufacturer. One C. M. Kohli had put in appearance on behalf of Markanda Vanaspati Mills Limited, Shahabad Tehsil Thanesar. He challenged the order of his summoning. He was discharged. Company had authorised Rajesh Garg vide its letter dated 1. 10. 1985 to act and conduct the legal proceedings in the case titled as Food Inspector vs. Harbans Singh.

(3.) AFTER Rajesh Garg came to the Court, Chief Judicial Magistrate, jind had discharged him and had directed that proceedings shall be only as against Harbans Singh. Harbans Singh filed petition against order dated 5. 4. 1986 passed by Chief Judicial Magistrate, Jind. It was accepted by the sessions Judge, Jind vide impugned order.