(1.) This petition impugns the order passed by the trial Magistrate on 29.7.1972 with which the Additional Sessions Judge declined to intefere.
(2.) The petitioner had submitted to the Court the sample given to him on 14.1.1972 by Shri R. P. Singh, Food Inspector who sampled the purchased commodity and the trial Magistrate had to exercise his jurisdiction within the scope of section 13(2) of the Prevention of Food Adulteration Act 1954, hereafter called "the Act."
(3.) He was to ascertain that the marks and seals and the fastening were so intact as to affirm that the sample produced had not been interfered with. The Court directed that Shri R.P.Singh. Food Inspector be sent for. The statement of the said Food Inspector was recorded on 29.7.1972 wherein he stated the bottle produced by the accused had not been tampered with and the seals were intact. The trial court then directed that the sample so produced be sent for report. Before the despatch, however, out of caution. It was directed that Mr. H. K. Bhanot be called to Court and his signatures appearing on the sample may be verified.