Garg Masala Company vs State of Punjab

M.M. Punchhi, J. (Oral)

In a Crl. trial under the Prevention of Food Adulteration Act, one Prag Raj, a retail dealer of turmeric powder sold in packets, had been arraigned as the principal accused. Since the packets of turmeric powder purchased from him by the Government Food Inspector prima facie appeared to have been manufactured by M/s. Garg Masala Company the present petitioner the Government Food Inspector had filed a joint complaint against Prag Raj and the present petitioner. The petitioner approached this Court in Cr. M. No. 4308 of 1982, which was accepted by me on 29.10.1982 and the view taken was that in view of the provisions of section 20A of the Prevention of Food Adulteration Act the petitioner could not be summoned as an accused. I had observed as follows :

"As is plain from the averments in the petitions and which have not been controverted, no evidence was led by the prosecution, which could give an occasion to the Court to employ the provisions of section 20 A of the Act. It seems that it was assumed that the petitioner is the manufacturer of the adulterated articles and the retail dealers had necessary warranties. Prima facie, from the averments made in the complaints, copies of which have been out on this record, on such specific plea is forthcoming. Thus, in the instant cases, the petitioners being impleaded as accused for the present, does not arise. Accordingly, the order summoning it as accused has thus to be quashed, letting the proceedings to continue against the retail dealers, who are not contending parties in these proceedings."

(Since four petitioners were all pond of together, the context afore extracted necessarily had to be in the plural.)

The principal accused Prag Raj then made an application for summoning M/s Khem Chand Bhagwan Dass of Nabha as coaccused on the allegation that the packet of Haldi powder had been purchased by the former from the latter under a bill/cash memo and on that application the learned trial Magistrate summoned the partners of M/s Khem Chand Bhagwan Dass. They too approached this Court in Criminal Miscellaneous No. 2855M of 1984. The same was allowed by me on 22.8.1984, while observing as follows :

"It goes without saying that a trial has to commence first, and some evidence adduced before the concerned dealer can be summoned and made to join as a coaccused in the trial. That stage concededly has not arrived. Accordingly, this petition is allowed by quashing the summoning order dated 12.4.1983. Annexure `P5'' and the order of charge so far as it relates to the petitioners. Annexure `P6'' leaving it open to the learned Magistrate to proceed with the trial in accordance with law".

On their being summoned, M/s Khem Chand Bhagwan Dass too had made an application that they had purchased the turmeric powder packets from M/s Garg Masala Company, the petitioner. Thereupon, the learned Magistrate issued summonses against the petitionerCompany impleading it as a coaccused. The present petition has been filed by it challenging the course adopted by the learned trial Magistrate on a variety of grounds. However, this petition can be disposed of on the most leading plea being that till privy was established between the principal accused Prag Raj and M/s Khem Chand Bhagwan Dass by summoning the latter, the occasion had not arisen to summon the present petitioner. The plea raised on the face of it is sound as it has attracted no answer from the learned counsel for the State. It is the admitted position that uptill now M/s. Khem Chand Bhagwan Dass have not been summoned as accused. Obviously no evidence has been adduced in that regard within the meaning of section 20A of the said Act. It is only on their being summoned as accused and further relevant evidence adduced that the petitionerCompany could be summoned as a coaccused. No such stage has come as yet. Thus, there is no option but to quash the summoning order of the petitioner and the charge framed against it leaving it open to the learned Magistrate to proceed with the trial in accordance with law.

For the aforesaid reasons, this petition is accepted in the foregoing terms.