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1979 Supreme(SC) 224

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Municipal Corporation Of Delhi: H. U. Laukhani – Appellant
Versus
R. Sahai: State Of Nct Of Delhi – Respondent


Advocates:
B.K.JAGGI, B.P.MAHESHVARI, B.R.AGRAWAL, H.K.PURI, H.S.MARVAH, M.N.SHROFF, S.C.Malik Sayeed Uddin, SOLI J.SORABJI, Suresh Sethi, URMILA SIRUR, V.M.TARKUNDE

Judgment

S. M. FAZAL ALI, J :- These appeals by certificate arise out of a common judgment delivered by the High Court of Delhi and will be disposed of by us by one judgment. In Appeals Nos. 152-153/72, one Gian Singh sold toffees to the Food Inspector and as the toffees were found to be adulterated, a prosecution was launched against him under S. 7/16 of the Prevention of Food Adulteration Act. Accused Gian Singh. After having acquitted Gian Singh, however, produced in course of the trial a warranty given by the distributors and manufacturers as a result of which the Magistrate acquitted Gian Singh, the Magistrate issued notice under S. 20-A against the respondents for being impleaded and prosecution on the ground that the articles manufactured by the distributors were adulterated. The respondents went up in revision to the Sessions Judge which was dismissed. But on further revision to the High Court the High Court allowed the petition and set aside the order of the Magistrate impleading the respondents. In the other two appeals i.e. Cri. Appeals Nos. 166 and 167/1972, the manufacturers were impleaded under S. 20-A before the acquittal of the last seller and that order was upheld b












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