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