CHAIRMAN WAHID AHMED & ORS. Vs. STATE

JUDGEMENT

(1.) This petition is preferred against the Order dated 18-1-1989, by which, the learned C.J.M. framed charge against the petitioners for the offence u/S. 7/16 of the Prevention of Food Adulteration Act.

(2.) Murari Lal Gupta, Food Inspector, inspected the shop of Nand Lal who was having 310 Kilo 580 Gram sugar in the stock. On inspection it was found that Nand Lal was not having licence under the P.F.A. Act, 1954. After obtaining sanction for prosecution a complaint was filed against Nand Lal.

(3.) The learned C.J.M. started the evidence in the case. Thereafter, on 9-3-87 the learned Magistrate suo moto took cognizance against the petitioner No.2 Sahakari Samiti under the Provisions of Sec. 319 Cr. P.C. Notice was served on this petitioner Samiti and as nobody appeared in compliance of the notice, the learned Magistrate issued bailable-warrant against the Chairman of the Samiti. The learned Magistrate also framed charge against the petitioner.