(1.) This is an application under Sec. 439 of the Code of Criminal Procedure, 1898 (hereinafter called the Code) and is directed against the order dated 26-9-71 passed by the Sub-Divisional Magistrate (Judicial), Karimganj, issuing process against the petitioner under Sec. 2QA of the Prevention of Food Adulteration Act.
(2.) The brief facts are as follows :
(3.) It is an admitted fact that the "petitioner is one of the partners of a registered firm M/s. Tusnial Trading Company which carries on business of manufacturing orange squash in the name of Better Food Industries at Jaffir bond., District Cachar, and the said firm owns the Better Food Industries."