ORDER

C.D. Parekh, J. - These three cases can be disposed of by one single judgment as common questions of law and fact arise in these cases.

2. Cr. Ref. No. 288 of 1970 has been made by the 1st Temp. Civil and Sessions Judge, Aligarh, by order dated 22-4-1970. The learned Judge has recommended that the order for trying S.C. Tayal for not obtaining a licence under the Prevention of Food Adulteration Act, 1954, for three years (1965-66, 1966-67 and 1967-68) is untenable. He has further recommended that the charge against Capt. R.S. Gupta for the years 1965-66 and 1967-68 for not obtaining a licence for running the oil mill for extraction of mustard and ground-nut oil is also untenable and is not warranted by law. No clear or specific recommendation has been made but by making this recommendation it appears the learned judgment that the prosecution should not proceed in the matter and the charges be quashed.

3. The facts leading to this reference may be stated thus:

On 11th of June, 1968 Medical Officer of Health, Municipal Board, Aligarh, filed a complaint against (1) Om Prakash Gupta, (2) Gapt. Ram Swarup Gupta, (3) S.C. Tayal, Managercum-Chemist, Tika Ram Oil Mills, Mohalla Bara Dwari, Aligarh and (4) M/S. Tika Ram and Sons (P) Ltd., Mohalla Bara Dwari, Aligarh. Inter alia it has been alleged in the complaint that M/S. Tika Ram and Sons Pvt. Ltd., Aligarh, run an oil mill for extracting mustard oil. They manufacture the oil for the purposes of sale and stock the same as well and sell the same. Om Prakash Gupta has been described as the Managing Director of the Company and being incharge of the same and responsible, for conducting the business of the company, as well as to the company itself. Ram Swarup Gupta has been arrayed as a Director and it has been stated that on behalf of the company he is responsible for purchase of the goods and sale of the manufactured goods. He is also incharge of receiving and making payments on behalf of the company. S.C. Tayal has been arrayed as an accused on the allegation that he acts as manager of the mill and conducts the business of the company and the oil is being manufactured in his supervision. It has been stated in the complaint that on 9-6-1967 an enquiry was made from M/S. Tika Ram and Sons to show their licence for the purposes of manufacture of mustard oil but they did not show any licence, instead R.S. Gupta (accused) applied for issue of a licence. The complainant has further alleged that they had been manufacturing for sale, mustard oil and ground-nut oil, without obtaining a licence for the year 1967-68 and they have also been stoking the aforesaid oil for sale and therefore, they have contravened Rule 50(1) of the Rules framed under the Prevention of Food Adulteration Act, 1954. It has also been alleged in the complaint that they have been so manufacturing edible oil since 1960 without obtaining licence and have been indulging in manufacture for sale and for stocking the oil for purposes of sale. The magistrate took cognizance of the offence and framed charges against all the four accused named in the complaint. Three-charges have been framed by the magistrate pertaining to the years 1965-66, 1966-67 and 1967-68 stating that they had manufactured, stored, sold and distributed edible (mustard) oil from their mills in the name of M/S. Tika Ram and Sons Pvt. Ltd, without obtaining licence for these three years. Separate charges for each year has been framed for contravention of Rule 50 and stating that they have committed the offence punishable u/s 16 of the Prevention of Food Adulteration Act, 1954. 4. The prosecution examined as many as five witnesses, viz, Gyanendra Singh (PW 1) Licensing Clerk of Municipal Board of Aligarh, N.G. Das (PW 2) Medical Officer of Health, Aligarh, Dr. A.P. Sinha (PW 3) District Medical Officer of Health, Babu Lal (PW 4) Additional Accountant, Aligarh Electricity Company and Suraj Mal (PW 5) Proprietor of M/S. Tara Chand Suraj Mal Financiers of the Oil