M.C.D. Vs. BIPIN KUMAR

JUDGEMENT

(1.) The accused-respondent had been discharged by the trial court on 17th Feb., 1977. In this case 450 Grams of red chillies were purchased by the Food Inspector for analysis. Relying on Hans Raj's case, 1976(1) F.A.C. 168 the accused had been discharged.

(2.) The view taken in Hans Raj's case has since been not accepted by the Supreme Court. In view of the decision of the Supreme Court reported as 1978 (I) FAC 145, this revision petition is bound to succeed. The revision petition is accordingly allowed and the order of Shri J.D. Kapoor, Metropolitan Magistrate, is set aside.

(3.) The trial court to proceed further in the matter according to law. The parties to appear before the Chief Metropolitan Magistrate, Delhi on 26th Nov., 1979 for assigning the matter to the Magistrate who is now dealing with such cases. Revision allowed.