Neeraj Tiwari,J. - (1.) Heard Sri V.P. Srivastava, learned Senior Counsel, assisted by Sri Harish Chandra Mishra, learned counsel for the revisionist and Sri Sanjay Sharma and Ajay Kumar Pathak, learned A.G.A. for the State.
(2.) Present revision has been filed against the order dated 16.05.1988 passed by Munsif Magistrate (Economic Offences), Bijnor in Criminal Case No. 1578 of 1986 directing for framing of charges against revisionist under Section 7/16 of Prevention of Food Adulteration Act,1954 (hereinafter referred to as the Act, 1954).
(3.) Brief facts of the case is that revisionist was working as Deputy Sales Manager D.C.M. Chemical Works, Najafgarh Road, New Delhi-10005, (Later on known as Shri Ram Foods and Fertilizer Industries, Shivaji Marg, New Delhi), Branch Delhi Cloth Mills Ltd. (hereinafter referred to as the "Company"). A raid was conducted by Food Inspector at the shop of Babu Singh. He has purchased Rath vegetable oil weighing 1500 grams/1.5 kilograms after payment of Rs. 27/- by adopting due procedure of law. Rath Vegetable oil was manufactured by "Company". He has sent Rath vegetable oil to Public Analyst U.P., Lucknow for chemical examination and as per report no. 2588 dated 24.02.1984, same was found adulterated. Thereafter, he has lodged Complaint before the Special Judicial Magistrate (Crime), Bijnor under the provisions of the Act, 1954. Order dated 16.05.1988 was passed for framing charges against revisionist and revisionist filed discharge application under Section 245(2) Cr.P.C. dated 19.01.1988. Apart from many other grounds, he has also taken ground that provisions of Section 17 of the Act, 1954 has not been complied with as "Company" was not made the accused. The said discharge application was rejected by the Court below vide order dated 16.05.2018, hence the present revision.;