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1997 Supreme(Raj) 256

M.A.A.KHAN
Ashok Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.S. Sunda, for Petitioner Rajnesh Sapra, for Petitioner Pathak, P.P.

Honble KHAN, J.–On January 28,1980 the Food Inspector had purchased Khandsari for analysis from M/s Pawan Trading Co. Losal which had purchased the same from M/s Amar Trading Co. Marsh Ganj Shamli (U.P.) The petitioner is the partner of M/s Amar Trading Co. On Public Analyst reprting that the sample of "Khandsari" was adulterated the Food Inspector filed a complaint u/s 7/16 of Preven-tion of Food Adulteration Act 1954 (the Act ) against M/s Pawan Kumar Trading Co. Losal and M/s Amar Trading Co. Shamli. The petitioner represented M/s. Amar Trading Co. in his capacity as a partner thereof but he himself was not an accused in the complaint along with his partnership firm. In the course of enquiry into the said offence the learned trial court, on 30.12.80 ordered to implead Smt. Rajni, ShriKanwar Vir Singh & Sri Om Prakash all partners of M/s Amar Trading Co. Shamli as accused in the case. However the learned Sessions Judge, Sikar wide his order dated 27.7.82 made in Revision application No.12 of 1981 set aside that order of the learned Magistrate. The case therefore, proceeded against M/s Amar Trading Co. Shamli & Pawan Kumar of M/s Pawan Kumar Trading Co. Losal and on 11.12.89both t










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