P.N.Bakshi, J. - (1.) The accused were being tried for an offence under Section 7/16 of the Prevention of Food Adulteration Act. The prosecution evidence has been recorded. It appears that from a perusal thereof and after hearing the counsel FOR THE parties, the Magistrate passed an order on 22rd March, 1979, impleading Smt. Sheel Grover, the licence holder. Aggrieved thereby the instant application has been filed under Section 482 Cr. P.C.
(2.) Counsel for the applicant has argued that the impugned order is illegal because the court below has not given reasons and has not discussed the evidence on record in detail before arriving at the conclusion why it is necessary to summon Smt. Grover as co-accused in the case. Section 20 (A) of the Food Adulteration Act runs as follows:- "Section 20 (A):-Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the manufacturer, distributor, or dealer of any article of food, the court is satisfied on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in sub-section (3) of Section 319 of the Code of Criminal Procedure 1973 (2 of 1974) or in Section 20 proceed against him as though a prosecution has been instituted against him under Section (20)."
(3.) It is very clear from a perusal of this section that the order of the Magistrate does not require a detail consideration of the evidence and the setting forth of all the grounds, on which it is desired to summon any person as a co-accused. This power can be exercised at any time during the trial of the offence. In the instant case, it appears from the order of the Magistrate that he had perused the evidence and he had also heard the arguments of counsel for the parties. Thereafter being of opinion that Smt. Grover was concerned with the offence, he has directed her to be made an accused. Smt. Grover will have a full opportunity of defending her case and of leading evidence in accordance with law. No prejudice has been caused to the applicant. The court was fully justified in impleading Smt. Grover when it was of opinion that the record disclosed that she had a hand in the offence. No observation made by ms above in this case is binding upon the Magistrate.;