Manoj Kumar Mukherjee, J. - (1.) On April 27, 1973, Dwijendra Lal Chatterjee, Food Inspector, Corporation of Calcutta, filed a complaint against N.C. Mukherjee, Manager, special Branch Ration Stores, 10, Gokhel Road, Calcutta] in the Court of the learned Metropolitan Magistrate, Calcutta, for an offence under section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as the Act, the allegation being that on March 30, 1978 the ration shop of the accused was inspected by the complainant and the mustard oil exposed for sale there was purchased and on analysis the same was' found to be adulterate.
(2.) The learned Magistrate took congnizance upon the said complaint on the same day and issued process against Shri N. C. Mukherjee. In obedience to the summons Shri Mukherjee entered appearance and December 6, 1978, was fixed as the date for recording the evidence of prosecution witnesses. On the date so fixed a petition was filed on behalf of the complainant praying for issuing summons to M/s. Anandamayee Agencies, No. 181, Maharshi Debendra Road, under section 20 A of the Act and in support of his prayer the complainant relied upon the following averments made in the petition of complaint:- "On being required by the complainant under section 14(A) of the said Act the vendor discloses that the purchase was made by the vendor from M/s. Anandamayee Agencies of No. 181, Maharshi Debendra Road, Calcutta." After hearing the parties present before him the learned Magistrate allowed the said prayer and issued summons to the said Anandamayee Agencies. The added accused appeared before the learned Magistrate and filed an application stating that it was not liable to be prosecuted as the requirements of section 20A were not complied with before issuing process and the said application awaited disposal before the learned Magistrate. Shri Mukherjee in his turn also filed an application before the learned Magistrate praying for discharge under section 245(2) of the Code of Criminal Procedure as he was entitled to the protection under section 19 of the Act. This application of Shri Mukherjee was allowed by the learned Magistrate by his order dated July 13, 1979 and he was discharged. Aggrieved thereby the complainant moved this Court and obtained the present Rule.
(3.) When the Rule came up for hearing M/s. Anandamayee Agencies filed an application for being heard in the Rule as its interest was likely to be prejudiced. This application was allowed and Mr. Sen Gupta appearing for M/s. Anandamayee Agencies was permitted to make his submissions regarding the merits of the order passed in favour of Shri Mukherjee. Anandamayee Agencies filed another application praying for quashing the proceeding pending against it and since it was connected with the Rule issued against Shri Mukherjee no fresh Rule was issued upon the said application of M/s. Anandamayee Agencies and the application was heard alongwith the instant Rule.;