L. N. CHHANGANI, J.

( 1 ) THIS is a reference by the Additional Sessions Judge, Sikar, recommending that the order of the Sub-Divisional Magistrate, Sikar, dated 29-12-1961 stopping proceedings in criminal original case No. 618 of 1961, and the subsequent order dated 2-7-1963 in criminal original case No. 121 of 1962 overruling the accussedpetitioners plea that the subsequent complaint was barred, be set aside.

( 2 ) THE material facts giving rise to the reference may bet stated as follows: on 28th of February, 1961, the Food Inspector Sikar purchased some sample of ghee from the respondent Radha Kishan of Khatu, and sent the same to the Public Analyst at Jaipur. The, Public Analyst found that the sample of ghee was adulterated with foreign fat and did not conform to the prescribed standard of purity. A complaint under Section 7 of the prevention of Food Adulteration Act, 1954, was filed against the accused before the Magistrate on 24-10-1961. The Magistrate issifsd summons to enforce the appearance of the accused but the summons was received back with the report that there was no person of the name of the accused in the village. The Magistrate thereupon passed an order o