JUDGMENT

D.D. Seth, J. - This reference has been made by the lezrned Additional District Magistrate (Judicial), Agra and arises out of the following circumstances.

2. The Nagar Swasthya Adhikari of the Nagar Mahapalika, Agra, filed a complaint against Dharamvir, who is one of the applicants in this reference, and alleged in the complaint that Dharamvir held a licence, which was granted to him by the Nagar Mahapalika, for running the Agra Bottling Company and that some bottles of 'Gold Spot' were taken possession of by Sri V.N. Singh, Food Inspector from the premises of the Agra Bottling Company as samples. It was further mentioned in the complaint that the bottles were not properly labelled and thus there was a contravention of rule 32 (a) (h) of the rules framed under the Prevention on Food Adulteration Act (hereinafter called the rules). 'After the original complaint had been filed on 25th May 1967 on an application filed by the learned counsel for the Nagar Mahapalika, Agra, before the trial Magistrate the other partners of the Agra Bottling company were also impleaded as accused in the case. This, six more persons were impleaded as accused and were summoned. The learned Magistra