J.M.L.Sinha, J. - (1.) The petitioner is a Government owned company which manufactures crystal sugar by vacuum pan process. On 24th of December, 1979, Sri S.D. Misra, opposite party No. 1, Food Inspector, visiting the company had discovered that the company was manufacturing sugar without obtaining any licence. He, therefore, filed a compliant, having obtained prior permission of the Chief Medical Officer, Ghazipur for the prosecution of the petitioner under section 7 read with section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). The petitioner put in appearance through its Manager, Sri Ram Shanker Singh and raised a preliminary objection which was two fold, namely:- (i) that since the petitioner was a Government owned company, it was not necessary for it to obtain a licence for manufacturing sugar, and (ii) that, in any case, no prosecution could be launched against the petitioner without obtaining the sanction under section 197 of the Act. The learned Magistrate rejected both the contentions vide his order dated 15th May, 1980. Aggrieved against it the petitioner filed a revision in the court of Sessions at Ghazipur which resulted in dismissal and hence this petition under section 482 of the Code of Criminal Procedure.
(2.) I have heard learned counsel for the petitioner as also the learned counsel for the State and I find that none of the two contentions raised on behalf of the petitioner carry any substance.
(3.) So far as the first contention is concerned, section 7 of the Act states that no person shall himself or by any person on his behalf manufacture any article of food for the sale of which a licence is prescribed except in accordance with the conditions of the licence. R.I. 50 of the Rules framed under the Act, inter alia, states that no person shall manufacture sweetening agents such as sugar, gur or jaggery except under a licence. Section 16 of the Act, inter alia states that if any person whether by himself or by any other persons on his behalf manufactures for sale any article of food in contravention of any provision of the Act or the rules made thereunder, he commits a punishable offence.;