STATE Vs. BRIJ MOHAN

JUDGEMENT

(1.) THE facts giving rise to revision petition which is directed against order dated 18th July, 1984 of Sh. V.K. Shali, Metropoitan Magistrate, New Delhi, succinctly are that on 25th Aug. 1983 Sanjiv Kumar, Food Inspector, purchased a sample of mustard oil from M/s. durga provision store, street No. 12, kailash Nagar, Delhi, in accordance with the provisions of the prevention of Food Adulteration Act (for short "the act") and the rules made there under for analysis. The said oil had been stored by aforesaid firm for sale and was meant for human consumption. The respondent Brij Mohan was conducting the business of the firm at the relevant time. The sample oil was sent to the public Analyst for analysis and it was found to be sub -standard in quality. There - Upon, after obtaining the consent of the State Government (secretary (Medical), Delhi Administration) a complaint was instituted by the Delhi Administration for the prosecution of the respondent under Section 7/16 of the Act.

(2.) DURING the course of trail Sh. S.K. Verma, senior prosecutor, who had been authorised by the Secretary (Medical), Delhi Administration to launch the prosecution appeared in the witness box and the, inter alia, wanted to prove the consent granted by the secretary (Medical) Delhi Administration as he claimed to be conversant with the hand -writing and signatures of the secretary (Medical). However, the learned Magistrate vide impugned order held that only the Secretary (Medical) namely Sh. M.C. Verma, who had given the consent for prosecution was competent to prove not o only the factum of sanction but also his signature thereon. Hence, he directed that Sh. M.C. Verma be summoned as a witness in court.

(3.) FEELING aggrieved the Delhi Administration has filed this revision petition contending that the learned Magistrate has slipped i a grave error that only Sh. M.C. Verma could prove the sanction as well as his signatures thereon and no other witness could be permitted to do so unless and until the prosecution showed that the secretary (Medical) Delhi Administration, was not available without any unreasonable delay or expense. The impunged portion of the order is extracted below for ready reference.