RAM PYARE Vs. NAGAR SWASTHYA ADHIKARI

JUDGEMENT

(1.) THIS revision is directed against the order dated 26th July, 1986 passed by IVth Additional Sessions Judge, Allahabad allowing the revision filed by the Nagar Swasthya Adhikari and setting aside the order dated 26th September, 1984 passed by the learned Judicial Magistrate, Allahabad and directing the present applicant Ram Pyare to deposit requisite fee to get the sample analysed by the Central Food Laboratory, Calcutta within seven days.

(2.) LEARNED counsel for the applicant urged that under the provisions of Prevention of Food Adulteration Act (for short the Act) and the rules made thereunder there was no such provision that a person who was made an accused in the proceeding under section 7/16 of the Act would be required to pay the requisite fee for sending the sample to be analysed by the Central Food Laboratory, Calcutta, hence the impugned order was incorrect and cannot be sustained. ,

(3.) LEARNED counsel for the Opposite Party on the other hand urged that the impugned order was correct and fee has correctly been ordered to be deposited by the applicant for sending the sample to be analysed by the Central Food Laboratory, Calcutta.