166 167 OF 1972 From the Judgment and Order dated 28 10 1970 of Delhi High Court in Criminal Revision Nos.
From the Judgment and Order dated 28 10 1970 of Delhi High Court in Criminal Revision Nos.
In Appeals Nos.
166 and 167/1972, the manufacturers were impleaded under S. 20A before the acquittal of the last seller and that order was upheld by the High Court and, hence these appeals before us by the appellants.
152 153 of 1972.
72 73/68.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
152 153/72, one Gian Singh sold toffees to the Food Inspector and as the toffees were found to be adulterated, a prosecution was launched against him under S. 7/16 of the Prevention of Food Adulteration Act.
Gian Singh, however, produced in companyrse of the trial a warranty given by the distributors and manufacturers as a result of which the Magistrate acquitted accused Gian Singh.
AND CRIMINAL APPEAL NOS.
152/72.
Soli J. Sorabji, Addl.
166 167/72.
of India, B. P. Maheshwari and Suresh Sethi for the Appellant in Crl.
K. Jaggi for the Appellant in Crl.
166 167/72.
P. Maheshwari and Suresh Sethi for the Intervener.
In the other two appeals i.e. Crl.
A. No.
S. Marwah and M. N. Shroff for RR.
The Judgment of the Court was delivered by FAZAL ALI, J. These appeals by certificate arise out of a companymon Judgment delivered by the High Court of Delhi and will be disposed of by us by one judgment.
Appeals Nos.
A. Nos.
in Crl.
426/68 and 5/70.
A. Nos.
A. No.
The respondents went up in revision to the Sessions Judge which was dismissed.
After having acquitted Gian Singh, the Magistrate issued numberice under S. 20A against the Respondents for being impleaded and prosecution on the ground that the articles manufactured by the distributors were adulterated.
But on further revision to the High Court the High Court allowed the petition and set aside the order of the Magistrate impleading the respondents.
