Honble SAXENA, J. — The aforementioned Criminal Revision petition/Misc. petition have been preferred against the order dt.20.8.1993 passed by the learned Addl. Chief Judicial Magistrate No.2, Udaipur, whereby he framed charge against the petitioners for the offence punishable under section 7/16 of the Prevention of Food Adulteration Act,1954 (in short the Act) and ordered for further proceedings in Cr. Case No.493/1073 pending before him. Accordingly these petitions are being decided by a common order.

(2). The skeletal facts of this case, which is pending before the learned trial Magistrate since 24.9.1973, can be brefly recapitulated like this. It appears that on 3.7.1973 Qayyum Ali, Food Inspector, Udaipur purchased 1.5 Kg. Prabhat Vegetable Ghee from accused Laxmi Lal Pujari (now expired), the paid Salesman of the fair price shop of Ward No.8, Udaipur, which was being rim by the Udaipur Sahakari Upbhokta Bhandar (in short U.S.U.B.). The said Food Inspector equally distributed in three parts the Vegetable Ghee so purchased by him,poured the same in three empty phials and sealed those samples in presence of motbirs. One sealed sample was given to Laxmi Lal Pujari. On 31.7.1973, another sealed sample was sent for chemical analysis to the Public Analyst, Public Health Laboratory, Udaipur, who vide his report dt.14.8.1973 Ex.P.4 opined that the said sample of vegetable Ghee was adulterated. The Food Inspector came, to know that co-accused Balwant Singh Bolia was the Executive Officer of U.S.U.B. The Commissioner, Municipal Council, Udaipur (Local Authority) accorded necessary sanction under section 20 of the Act for the prosecution of the said Laxmi Lal Pujari (Vendor) and Balwant Singh Bolia for offence under section 7/16 of the Act and also authorised the Food Inspector to lay the complaint and prosecute them. On 24.9.1973, the food Inspector filed criminal complaint Ex.P.11 in the court of Municipal Magistrate, Udaipur against them. On 6.2.74 and 11.6.74 the statement of P.W.I Qayyum Ali the Food Inspector was recorded as pre-charge evidence. After hearing the A.P.P and the Advocate for the said accused persons, the learned Chief Judicial Magistrate, to whom the case was transferred by his order dt.2.7.1974 refrained from framing any charge against Laxmi Lal Pujari and Balwant Singh Bolia at that stage, but under section 20 A of the Act impleaded the manufacturers of Ghee namely Bhavnagar Vegetable Mills Pvt. Ltd., Bhavnagar, Gujrat (in short BVML), petitioners Devi Chand, Depot Manager and Laxmi Path as local representative of BVML and summoned them through bailable warrants. The learned C.J.M. by his order dated 6.11.1974, accepting the application filed by the A.P.P. clarified that by his order dated 2.7.74, the manufacturers which included the Directors of the Company, had also been impleaded as accused persons against. Accordingly, he issued bailable warrant as many as eleven Directors and the Secretary of the said company, whose names were enumerated in A.P.P.s application. On 1.10.75, the A.P.P. moved another application praying that the company Bhavnagar Vegetable Products Ltd.; Bhavnagar (in short BVPL) itself be also impleaded as an accused. The C.J.M. by his order dated 17.11.75 further clarified that by his order dated 2.7.74, the manufacturing company of the said Vegetable Ghee namely BVPL was also impleaded as an accused. Appearance on behalf of the BVPL was entered on 2.7.76, On the same day an application was filed on behalf of the BVPL that it had gone into liquidation and liquidation proceedings were pending before the Gujrat High Court, that all its Directors and the Secretary have resigned and therefore, permission for arrayving them as accused persons may be sought from the said High Court. Again on 21.3.77, a similar application was filed stating that BVPL has already gone into liquidation and that the liquidator has taken in his possession all the assets and the properties of the said company and that n

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