FOOD INSPECTOR TIRUR Vs. K P ALAVIKUTTY

JUDGEMENT

(1.) On 20-2-1984 the Food Inspector, Tirur, went to the shop of the accused for taking action under the Prevention of Food Adulteration Act. The shop was found open and the accused was there. Among other food, artistes exposed for sale there was rice flour also. The Food Inspector demanded sale of sample from the rice flour. The accused refused on the ground that it was a holiday for the shop and the shop was opened only for some other purpose. Using his power the Food Inspector took sample of the rice flour. Accused refused to cooperate with him and refused:

(2.) Learned I Class Magistrate took cognizance of the offence. After considering the allegation in the complaint he was of opinion that there was sufficient ground for proceeding. Therefore be issued process to the accused. Pursuant to the process the accused appeared. Particulars of the offence were stated to him and he pleaded not guilty. On his application he was released on bail. Thereafter the case was posted for trial.

(3.) While so, by re-organisation of the jurisdiction of courts the Judicial I Class Magistrate's Court", Tirur ceased to have jurisdiction over the area and the jurisdiction vested with the Judicial I Class Magistrate, Malappuram. In exercise of the powers under S.410 of the Criminal Procedure Code the Chief Judicial Magistrate, Manjeri transferred the case to the file of the Judicial I Class Magistrate, Malappuram. The Judicial I Class Magistrate, Malappuram refused to take the case to file and disposed of the same by the following order:-