T.R. Handa, J. - (1.)In exercise of the powers vested in him under section 20-A of the Prevention of Food Adulteration Act, hereinafter referred to as 'the act', the Chief Judicial Magistrate Solan vide his order dated 21-3-1980 summoned the. present petitioner for the offence under section 7 read with section 16 of the Act. The petitioner contends that the said order dated 21-3-1980 recorded by the1 Chief Judicial Magistrate is bad in law and the proceedings initiated against him in pursuance of that order are only an abuse of the process of the Court. The petitioner, therefore, seeks to invoke the inherent and revisional jurisdiction of this court under section 42 read with section 401 of the Code of Criminal Procedure for quashing of the order of the learned Magistrate dated 21-3-1980 as also the consequent criminal proceedings initiated against him and which are now pending before the Chief Judicial Magistrate, Solan.
(2.)The sequence of events which prompted the Chief Judicial Magistrate to record his impugned order summoning the petitioner may now be briefly sketched.
(3.)The petitioner carries on business under the name and style of Messrs Servell Agencies & Enterprises at Chandigarh. He is agent of the company known as Messrs Parrys Confectionery Limited, Madras which manufactures sweets and toffees in its factory located in Tamilnadu. The petitioner supplied 15 cases of the products of the above named company to Messrs Prahlad Chand Batra & Sons, The Mall, Solan vide his invoice No. C-379 dated 24-5-1978. Each of these cases contained 20 packets of sweets/toffees of one Kg. each. Messrs Prahlad Chand Batra & Sons vide their invoice No. 1968 dated 29-9-1978 had supplied 5 packets of sweets/toffees to Messrs Arora Daily Need Corner, Solan of which Shri Suresh Kumar is the proprietor.
;