V. N. Kamdar And Another vs Municipal Corporation Of Delhi on 1 May, 1973
20. Shri Sethi placing strong reliance on the observations of their Lordships in V. N. Kamdar v. Municipal Corporation of Delhi, that even in a case where a Magistrate could properly have imp leaded the manufacturer, distributor or dealer in a proceeding against a person alleged to have committed an offence under the Act but failed to do so, that would not in any way confer an immunity upon the manufacturer, distributor or dealer from a prosecution for any offence committed by him, and to bar his separate trial, contended that since a separate complaint after obtaining requisite permission could be filed, it would be appropriate to remand this case against the respondent for a fresh trial. I find no force in this submission. The learned counsel is not right in this submission.