T. R. Handa, J.—The petitioner Delhi Cloth & General Mills Co. Ltd., is a Company registered under the Companies Act and is manufacturing various products including Vanaspati Ghee (Rath Brand). Respondent No. 4 is the Managing Director of this Company. Respondent No. 3 is the distributor of this Company for its product Rath brand Vanaspati for Himachal Pradesh. Respondent No. 2 runs a provision shop at Simla and deals inter alia in Vanaspiti Ghee. Respondent No. 1 is the State of Himachal Pradesh and has been impleaded through the Government Food Inspector, Simla.

2. Respondent No. 1 filed a complaint against the petitioner and the other three respondents under section 7 read with section 16(1) of the Prevention of Food Adulteration Act, hereinafter referred to as the Act, in the Court of the Chief Judicial Magistrate, Simla. Shortly stated the allegations in the complaint are that the Food Inspector on 23-3-1979 purchased a sample of Vanaspati Ghee from respondent No. 2 for the purposes of analysis. The sample comprised of a sealed tin of 2 kg. capacity of Rath brand Vanaspati Ghee and it had been purchased and dealt with in the manner prescribed under the Act and the rule