In Brief
In this criminal appeal, the Supreme Court considered whether the Judicial Magistrate validly took cognizance against Hari Shankar Aggarwal for violations of the Prevention of Food Adulteration Act, 1954. Although the complaint stated Aggarwal was the nominee per the Commercial Tax Department, it simultaneously acknowledged that according to the Local Health Officer, Devendra Singh Bhadauria was the director. The Court held that the complaint's own averments proved only Bhadauria held the formal nomination position with the health authority. Since no specific allegations existed against Aggarwal beyond his nominal impleading, cognizance was invalid. The Court set aside the cognizance order and all subsequent proceedings against the appellant.
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