KRISHAN KUMAR JAIN Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard. The present petition has been directed against the order dated 17 -2 -1993 of the learned Sub -Divisional Judicial Magistrate, Dehra whereby the petitioner has been summoned as an accused under section 20 -A of the Prevention of Food Adulteration Act.

(2.) The undisputed facts are that a sample of Haldi was lifted from the shop of respondent No. 2 which on having been sent to Food Analyst was found to be adulterated as it did not conform to the prescribed standard. The prosecution was launched against respondent No 2. After the trial, respondent No.2 was convicted and sentenced by the learned Sub -Divisional Judicial Magistrate, Dehra. However, in appeal, the conviction and sentence was set aside by the Additional Sessions Judge (II), Kangra at Dharamshala and the case was remanded to the Magistrate for fresh trial.

(3.) After the remand of the case by the learned Additional Sessions Judge, an application under section 20 A of the Prevention of Food Adulteration Act was made by respondent No. 2 for summoning the petitioner as co -accused on the averments that the Haldi from which the sample was lifted by the Food Inspector was purchased by him from the present petitioner and sold to the Food Inspector in the same condition in which it was purchased by him from the petitioner. The learned Magistrate without holding an inquiry into the averments made in the application under section 20 -A. Prevention of Food Adulteration Act merely on the concession of the Food Inspector directed the summoning of the present petitioner as co -accused.