UNION OF INDIA Vs. AMRIK SINGH AND OTHERS

JUDGEMENT

(1.) The learned counsel for the petitioner has challenged the impugned order of the learned Metropolitan Magistrate dt. 16th Aug., 1976 on a number of grounds. From the order of the learned Magistrate, it is evident that two samples of the food article, one retained by the Food Inspector and the other given to the vendor, were sent by the trial court to the Director, Central Food Laboratory, Calcutta for analysis on different dates. The samples had been sent on the request of a party. Two different certificates, indicating different results, were received from the Director. After considering the contents of the certificates, the learned Magistrate has inter alia, held that these results create reasonable doubt regarding their representative character.

(2.) Before other grounds mentioned in the petition could be considered, the learned counsel for Union of India (Petitioner) was asked to answer : whether, under any circumstances, two certificates can be issued by the Director of Central Food Laboratory, Calcutta, under section 13 of the Prevention of Food Adulteration Act, more especially when proviso to sub-section (5) of the said section lays down that such a certificate shall have final and conclusive evidentiary value.

(3.) The learned counsel for the petitioner has submitted that both the certificates have a common vital feature about adulteration and therefore whether both or any one of them is considered in evidence, the result would be the same.