BIJAI LAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge, Jaipur City, recommending that the order of the Municipal Magistrate, First Class No. 2. Jaipur, dated 2-11961 issuing process against the accused-petitioner Hijai Lal, be set aside.

(2.) THE facts giving rise to the present reference are briefly as follows: that there is a cinema house Ganga Talkies at Sanganeri Gate, Jaipur'. One Gopal Chand was given a contract to run a restaurant in the premises of the cinema house to cater to the needs of the cinema visitors and other persons also. Gopalehand not obtained the requisite licence as required by Rule 50 of the Rules made under the Prevention of food Adulteration Act. On 2nd January, 1961. the Perokar of the Municipal Council, Jaipur, presented, after obtaining the consent of the local authority, a complaint against Gopalchand only for offences punishable under Section 16 of the Prevention of Food Adulteration Act (hereafter referred to as the Act) read with Rule 50 of the Rules. The municipal Magistrate not only issued process against Gopalchand but also against the petitioner Bijailal on the ground that he being the manager of the cinema house was also liable for the offence committed by the contractor for running a restaurant without a licence. The petitioner Bijailal feeling aggrieved by the order of the Magistrate issuing process against him, presented a revision application which was disposed of by the Additional Sessions Judge, Jaipur City. The Additional sessions Judge having observed that "there was no proper sanction for the initiation of the proceedings against the petitioner" has made me present reference recommending that the proceedings against the petitioner be quashed.

(3.) THE accused-petitioner Bijailal did not care to appear in this Court. The Deputy government Advocate was, however, heard and he has supported the order of reference.