PAYRE LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant is being prosecuted for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, hereinafter referred to as the Act. It is common ground between the parties that a prosecution under the aforesaid provisions of law cannot be launched without obtaining the sanction of the State Government or any person authorised to do so. It is also a common case between them that the Chief Medical Officer, Health, had been so authorised by the State Government for the purpose of according sanction for the prosecution of offenders.

(2.) SHORTLY stated the prosecution case is that the applicant was preparing Imarti in a couldron which was full of boiling ghee. The then Food Inspector came to his shop and took samples of the boiling ghee and sent them for analysis. The Government Analyst reported that the ghee was adulterated. The papers were thereafter placed before Dr. A. C. Chopra, Chief Medical Officer who accorded his sanction for the prosecution. Thereafter a complaint was submitted before the competent Court to take penal action againat the applicant under Section 7/16 of the Act.

(3.) THIS Revision succeeds and is heneby allowed and the proceedings in the case State v. Pyare Lal under Section 7/16 of the Act numbered as Criminal Case No. 424 of 1978 and 883 of 1979 pending in the Court of the Judicial Magistrate Janupur Shri S. S. Tewari are hereby quashed. Revision allowed.