Heard Sri Manu Khare, learned counsel for the revisionists and learned A.G.A. for the State.
The order dated 14.12.2009 passed by the Metropolitan Magistrate-I, Kanpur Nagar in Case No. 1828 of 1997-Nagar Swasthya Adhikari, Kanpur Vs. Baldeo Bhai Patel and others, under Section 7/16 of Prevention of Food Adulteration Act, Police Station Kidwai Nagar, Kanpur Nagar is impugned in the instant revision.
The emphasis is that the revisionist no. 1 at no point of time was nominee of the Company in terms of Section 17(2) of Prevention of Food Adulteration Act and, therefore, he could not be prosecuted. Besides, the revisionist no. 2 is neither salesman nor responsible for sale and, therefore, his prosecution is also altogether illegal.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to opposite party no. 2 returnable at an early date. Counter affidavit may be filed within three weeks from the date of receipt of notice. Rejoinder affidavit may be filed within three weeks thereafter.
Till the next date of listing, further proceedings in Case No. 1828 of 1997, Nagar Swasthya Adhikari, Kanpur Vs. Baldeo Bhai Patel and others, under Section 7/16 of Prevention of Food Adulteration Act, Police Station Kidwai Nagar, Kanpur Nagar, pending before the Metropolitan Magistrate-I, Kanpur Nagar, shall remain stayed.
Order Date :- 28.1.2010 Rmk.