STATE DELHI ADMN Vs. GIANENDER TYAGI

JUDGEMENT

(1.) THIS application for leave to appeal has been made seeking permission to file appeal against the order dated 16th December, 2003 of learned Metropolitan Magistrate whereby the learned Metropolitan Magistrate acquitted the accused. A perusal of judgment of the learned Metropolitan Magistrate would show that the learned Metropolitan Magistrate observed that the statement made to the Food Inspector was hit by Section 24 and 25 of the Evidence Act and cannot be read against the accused. She observed that the powers of Food Inspector has come in Section 9 and 10 of PF Act were similar to those of a Police Officer as given in IPC and Cr.P.C. Therefore, any statement or confession made before a Food Inspector though not covered under Section 24/25 of IPC cannot be read in evidence unless proved by independent evidence. I consider that the judgment raises an important question of law. The leave to appeal is granted. Crl. Appeal No................. (to be numbered) Admit. List this appeal for disposal at its own turn.