P R MAHESHWARI Vs. MUNICIPAL COUNCIL ALWAR

JUDGEMENT

(1.) THE petitioners, P R. Maheshwari and Jagannath Jaju through these three petitions filed under Section 482 Cr. P. C. 1973, which have been registered as S. B. Criminal Applications Nos. 1403 of 1975, 23 of 1976 and 25 of 1976, have prayed for quashing the proceedings in Criminal Cases Nos. 18/379 of 1974, 18/381 of 1974 and 18/380 of 1974, under Section 7/16 read with Section 17 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act'), pending against them in the court of learned Chief Judicial Magistrate, Alwar. As common, questions of fact and law arise in all these three petitions, they are being disposed of together by this common order.

(2.) THE petitioners are Directors of Premier Vegetable Products Ltd. , Jaipur. The Food Inspector, Alwar, inspected the shop of Mahendra Kumar, Madan Lal and Prakash Chandra on 9-10-1973 at Alwar. After disclosing his identity and serving notices in the prescribed Form No. IV, he purchased some Chetak Brand Vegetable Oil. The sample of the vegetable oil in each case was divided into three equal parts. Each part was then taken into a clean dry bottle. One sample bottle was given to the vendor, the other was sent for analysis to the Public Analyst, Alwar. The third was kept by the inspecting authority. The Public Analyst found the sample adulterated. The Food Inspector after obtaining requisite sanction, made complaints in the court of Chief Judicial Magistrate, Alwar, in all the three cases against the vendors as well as against Shri J. P. Behani. Managing Director of the Premier Vegetable Products Ltd. Jaipur. Learned Magistrate issued processes against all the accused. It so happened that in response to a letter, issued by the Municipal Council, Alwar, the Commercial Manager of the Premier Vegetable Products Ltd. , Jaipur, sent to the Municipal Council, Alwar, letter No. BBP/786, dated Sept. 27, 1974, wherein it was mentioned that J. P. Behari was not the Managing Director of the concern on the relevant date. It was further stated in the letter that there existed no office of the Managing Director in that concern. That letter was placed on record by the Municipal Council and the learned Magistrate, after considering the relevant documents in the light of Sections 16, 17 and 20 A, Prevention of Food Adulteration Act, 1956 ordered for initiation of proceedings against the partners of the vendors' Firm as well as against the Directors of the Premier Vegetable Products Ltd. , Jaipur. A list of the partners of the vendors' Firm as also that of the Directors of the Premier Vegetable Products Ltd. , Jaipur was filed. Learned Magistrate then issued processes against the partners and the Directors.

(3.) AGGRIEVED by the impugned orders, regarding issuance of processes, the two petitioners, who are the Directors of the Premier Vegetable Products Ltd. , have come up before this Court and request to quash the proceedings, pending against them in the aforesaid three cases.