RAJESH JAIN Vs. STATE OF H P

JUDGEMENT

(1.) IN this petition, challenge has been made by the petitioners, the partner of 'm/s. Sailor 'sCorporation Manufacturers of P. P. Foods ', to the orders dated 23 -2 -2008 of Judicial Magistrate, 1st Class (Court no.3), Shimla, passed in Food Case No.103/3 of 2002, impleading them as accused, on the application of Food Inspector moved under Sec.20 -A of the Prevention of Food adulteration Act 1954, in short 'the Act '.

(2.) BACKGROUND facts shorn of the unnecessary details are as follows :

(3.) ON 6 -8 -2002, M/s. Sailor 'sCorporation put in appearance through their Advocate shri O. P. Malhotra and moved an application under Sec.305 of the Code of criminal Procedure, in short the 'code ' along with a copy of resolution on the printed pad of the said firm signed by Shri Rajesh Jam petitioner and his wife Kailash as partners of the firm, authorizing Shri O. P. Malhotra to defend them. It reads as under : -"resolution a meeting of all the partners was held on dated 2 -8 -2002 at Delhi and it was resolved that Shri O. P. Malhotra, Advocate of Delhi is hereby appointed as the representative of the above said Co. M/s. Sailor 'sCorporation, qutab Road, Delhi in terms of Section 305 of the Cr. P. C. of 1974 to appear and defend M/s. Sailor 'sCorporation, Qutab road, Delhi in the Court of Chief Judicial magistrate, Shimla. The first date fixed is 6 -8 -2002 that the firm shall be bound by all the acts done by him in this behalf in the above mentioned court in the matter F. I. V/s. Sohan Singh and others. Partners.1. Sd/ - Rajesh Jain.2. Sd/ - Kailash Jain. I undertake to appear on behalf of firm m/s. Sailor 's Corporation. Sd/ - O. P. Malhotra advocate"