ORDER : M.K. Mukherjee, J. 1. The appellant, in his capacity as the Chairman of Foremost Dairies Ltd., is being prosecuted under Section 16 read with Section 20-A of the Prevention of Food Adulteration Act, 1954 (for short "the Act"). Assailing his prosecution he moved the High Court under Section 482 Criminal Procedure Code and contended inter alia, that his Company had passed a resolution in terms of Section 17(2) of the Act nominating one P.K. Sunderaj as the person who would only be liable for any breach of the provisions of the Act and therefore he could not be prosecuted. By the impugned order the High Court rejected the petition observing that the contention of the petitioner could be decided only during the trial. Hence this appeal. 2. We are in complete agreement with the High Court that the question whether the appellant's Company had passed a resolution in terms of Section 17(2) of the Act is one of fact which can only be gone into and decided at the stage of the trial. 3. We, therefore, dismiss this appeal. Appeal dismissed.