STATE OF H.P. Vs. PUNJAB TRADING COMPANY

JUDGEMENT

(1.) This revision petition is directed against the orders of learned Additional Sessions Judge (II), Kangra at Dharmshala, dated 29.6.2002 whereby the order of learned trial Magistrate, summoning the respondent as an accused was set aside.

(2.) In order to appreciate the controversy, few facts may be noticed: It appears, Food. Inspector, District Kangra visited the shop of Shiv Kumar, named and styled as M/s. Verma Karyana Store, Dhameta, Tehsil Nurpur, on 23.4.1996. The Food Inspector expressed his desire to lift the sample of "Arhar" for the purpose of analysis, from a bag which was kept for sale in the shop. The Food Inspector purchased 600 grams of Arhar Dal on payment of Rs. 12. A notice in Form No. VI was given to Shiv Kumar, who was present in the shop. The sample was divided into three parts. Each part was separately packed and sealed. One of the sample was sent to the Public Analyst, Kandaghat for the purpose of analysis. The Public Analyst found that the sample was not of "Arhar Dal" but was of "Kesari Dal", whereas "Arhar Dal" should be free from Kesari Dal in any form. The prosecution was launched against Shiv Kumar. Shiv Kumar moved an application, under Section 20(a) of the Prevention of Food Adulteration Act, before the learned trial Magistrate for summoning and impleading the Punjab Trading Company, Grain Market, Damtal, as co -accused, in the case as, according to accused Shiv Kumar, he had purchased Arhar Dal from the Punjab Trading Company, Damtal, vide bill No. 3126 dated 13.5.1995, from which the sample was taken by the Food Inspector.

(3.) The learned Trial Magistrate allowed the application by an order dated 25.4.1998 forming an opinion that the Proprietor of the Punjab Trading Company, Damtal, was also concerned with the offence for which the accused Shiv Kumar was facing the trial and directed the respondent herein, through its Proprietor Brij Mohan, to be summoned for offences punishable under Sections 16(l)(a)(i), 16(1 -A) read with Section 7(i) and (ii) of the Prevention of Food Adulteration Act, 1254.