Gurnam Singh, J. - (1.) Malkiat Chand son of Shiv Ram of Nakodar, district Jullundur, is being tried under section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter called the Act), for selling adulterated milk at M/s. Tandon Sweets Shop, Nakodar (near the bus standi), in the Court of Shri Jagroop Singh, Judicial Magistrate 1st Class, Nakodar, district Jullundur. It came in evidence that Sadhu Ram Tandon was the owner of the shop. Malkiat Chand, in his statement recorded under section 342 of the Code Criminal Procedure of 1898 (hereinafter called the Code of 1898), also stated so and examined Sarup Singh (D. W. 1) who deposed that Malkiat Chand accused is a servant on the shop of Sadhu Ram Tandon. The Food Inspector had not made any complaint against Sadhu Ram Tandon. The learned trial Magistrate, therefore, ordered that as master and servant are both liable, Sadhu Ram Tandon, Proprietor of M/s. Tandon Sweets Shop, Nakodar, should be summoned as an accused person.
(2.) Being aggrieved with the order of the learned Judicial Magistrate, Sadhu Ram has filed this criminal miscellaneous application and requested that the order of the learned Judicial Magistrate be quashed.
(3.) Notice was given to the State.;