K.C. Bhanu, J.

The reference has been made to the Full Bench on the observations made by a learned Single Judge of this Court by its order, dated 17.03.2010, in Crl.P.No.5796 of 2007 wherein it is observed as follows:

"In the light of the same, especially in the light of the observations made by the Division Bench of this Court and since elaborate submissions had been made by Sri V.V.N.Narayan Rao, learned counsel for the petitioner, the said decisions require reconsideration. Inasmuch as this question is argued in elaborate quite often, it would be proper to have an authoritative pronouncement in this regard by an appropriate Full Bench or Larger Bench, as the case may be."

2. The matter relates to the Prevention of Food Adulteration Act, 1954 (for short, "the Act"). Two decisions were referred to, in the reference order. First case referred to is in Mathew Xavier, Regional Sales Manager Foods, Nominee of Hindustan Lever Ltd., Mumbai and another vs. State of A.P. (2009 (2) ALD (Crl.) 685 (A.P.)) wherein, it was observed as follows:

"The above decision of the Supreme Court puts the issue beyond any pale of doubt.

While a joint trial of the manufacturer, distributor, dealer