D.D. SINHA, J.:---Heard Shri Manohar, learned senior Counsel for the petitioners, and Mrs. Jog, Shri Jichkar, Shri Loney, Shri Dhote and Shri Patel, learned Additional Public Prosecutors for the respondent-State.

2. In all these matters, the accused/directors are of M/s. Brooke Bond Lipton India Limited, which is amalgamated with Hindustan Lever Limited with effect from 21-3-1997. The sample of product manufactured by the company found to be adulterated is also the same, namely, “Kissan Mixed Fruit Jam”. The company prosecuted is also the same, i.e. M/s. Brooke Bond Lipton India Limited except in Criminal Application No. 669/2000 where company, which is prosecuted is Hindustan Lever Limited and product is “Anik Ghee”. The allegations against the accused/directors made in the complaints are identical in nature and process is issued by the Magistrates in all these cases for contravention of provisions of Prevention of Food Adulteration Act, 1954 and Rules framed thereunder. Therefore, all these matters are heard together and disposed of by the common judgment.

3. These proceedings are directed against the orders passed by the Magistrates whereby process is issued in the complaints filed by the respondent State alleging violation of provisions of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as “the Act”) against the petitioners.

4. Shri Manohar, learned Senior Counsel for the petitioners, submits that the petitioners in Criminal Writ Petition No. 245/1998, as on 1-10-1996, were Directors of Board of Brooke Bond Lipton (India) Limited, which was a Public Limited Company registered under the provisions of Companies Act, 1956 having its registered Office at Calcutta. Under the scheme of amalgamation sanctioned by the High Court of Calcutta and Bombay, the said company Brooke Bond Lipton (India) Limited was allowed to be amalgamated with Hindustan Lever Limited with effect from 21-3-1997 and Brooke Bond India Limited ceased to be a legal entity from the said date.

5. It is contended by learned Senior Counsel Shri Manohar that in the year 1997, Brooke Bond India Limited, was inter alia engaged in business of manufacture and distribution of products, such as foods, beverages, oil and dairy fats including products under Kissan range such mixed fruit jam. Being a large organization and for efficient and effective operation, business is structured into various divisions/departments, each headed by the Senior official, who is responsible for conduct of business for the job/area assigned to him. For sale and distribution business of the company in the State of Maharashtra, the company has nominated Shri Suresh Narayanan, Branch Manager as the person responsible.

6. On 29-1-1997, Shri T.M. Darkar, Food Inspector visited the establishment of M/s. Jain Bhandu, Chitra Chowk, Amravati and from the said establishment, drew samples of product “Kissan Mixed Fruit Jam” for the purpose of analysis under the provisions of the Act. The labels of the said products declared them to be packaged in the month of December 1996 with net weight 500 grams, Batch No. 60412-A-2 and manufactured by the Company Brooke Bond Lipton India Limited.

7. It is contended by the learned Senior Counsel for the petitioners that the Food Inspector thereafter forwarded those samples to Public Analyst, Akola for necessary analysis of the product in question. The report of Public Analyst dated 10-3-1997 declared the product as being in violation of provisions of the Act having contained sulphur dioxide in excess of prescribed limit. On the basis of the report of the Public Analyst, Food Inspector has conducted investigation in order to ascertain details in regard to manufacturer, distributor and retailer for taking further action against them by launching prosecution under the provisions of the Act. The Food Inspector obtained information from the retailer in respect of source of purchase of the product in question and it was found that product was p