M.C. Pathak, C.J. - (1.) This is an application under Section 561A of the Code of Criminal Procedure, 1898 for quashing the proceeding againit the present petitioners in Case No. 1083C of 1972 under Section 7/16 of the Prevention of Food Adulteration Act, hereinafter referred to as 'the Act'.
(2.) The petitioners No 1 to 5 are stated by the prosecution to be the partners of petitioner No 6 M/s. Shyam Sundar Stores. The facts leading to this petition may be briefly stated as follows:-
(3.) On a complaint dated 9-8-72 by the District Food Inspector, Gauhati, Opposite party No. 1, coupled with the consent in writing or the sanction accorded by the Civil Surgeon, Kamrup, one Omprakash Agarwal, son of Biseswer Agarwal, M/s Shyamsunder Stores, Fancy Bazar, Gauhati, was prosecuted under Section 7 read with Section 16 of the Act. The learned Magistrate took cognisance of the case, which was numbered as case No. 1083C of 1972.;