- (1.) Heard Sri Dharmendra Singhal, learned counsel for the revisionist and learned A.G.A. for the opposite parties.
(2.) The instant criminal revision has been preferred by the revisionist for setting aside the order dated 06.08.2011 passed by the learned Additional Chief Judicial Magistrate Ist, Saharanpur in Complaint Case No. 2185 of 2011-State Vs. Naresh Jain and others, whereby the revisionist has been summoned under Section 7/16 of the Prevention of Food Adulteration Act.
(3.) It is submitted by the learned counsel for the revisionist that the revisionist is the manufacturer of Deep Classic Mild Fat, which is a proprietary food and Rule 37-A of the Prevention of Food Adulteration Rules, 1955 defines the proprietary food and the proprietary food means a food which has not been standardized under the Prevention of Food Adulteration Rules, 1955. It is further submitted that the learned Magistrate has summoned the revisionist in a mechanical manner without any application of mind to the facts of the case and the material available on record. It is next submitted that this is not a chalani report and the impugned order is a cyclostyled/typed one. Simply a date has been filled up in the order dated 6.8.2011.;