CHHEDI LAL Vs. MUNICIPAL MEDICAL OFFICER OF HEALTH

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 2-9-1976 passed by the Chief Judicial Magistrate, Faizabad in case No. 2263 of 1975 of his court. Through the impugned order the learned Chief Judicial Magistrate has held that a charge under Section 7/16 of the Prevention of Food Adulteration Act stood made out against the revisionists by the material on record and the aforesaid charge shall be framed against them. The contention of the revisionists before this Court is that the material on record does not make out any offence under Section 7/16 of the Prevention of Food Adulteration Act against the revisionists.

(2.) THE facts of the case, giving rise to this revision, are that a complaint under Section 7/16 of the Prevention of Food Adulteration Act has been filed by the Municipal Medical Officer of Health, Faizabad (opposite party No. 1) against the revisionists in the Court of Chief Judicial Magistrate, Faizabad. The allegations of the complaint are that in the noon of 18-12-1973 Sri Brij Kishore Singh, Food Inspector, was on checking duty near the octroi barrier of Mohalla Saadat Ganj in the city of Faizabad. Shyam Lal, revisionist No. 2 came there with five containers full of milk. The Food Inspector asked him to sell sample of that milk. Shyam Lal Yadava refused to give its sample till the owner of that milk, namely, Chhedi Lal revisionist No. 1 arrived. Within a short while revisionist No. 1 also came there. As soon as he saw the Food Inspector he told Shyam Lal not to give sample of milk to him. After that warning both the revisionists ran away leaving the containers of milk and Shyam Lal's bicycle etc. , on the spot. The Food Inspector collected all those articles and took same to police station cantonment in order to lodge there but the Head Constable refused to accept those articles as there was no accommodation at that police station for keeping those articles. The Food Inspector then took those articles to the office of Faizabad Municipal Board where Shyam Lal revisionist turned up in the afternoon and was handed over all the seized articles by the Food Inspector. It was pleaded in the complaint that both the revisionists had committed an offence under Section 7/16 of the Prevention of Food Adulteration Act as they had prevented the Food Inspector from taking a sample of the milk which was in Shyam Lal's possession and which sample the Food Inspector was authorised by the aforesaid Act to take.

(3.) WHEN the revisionists were summoned they pleaded that taking the entire allegations of the complaint, as they were, no offence under Section 7/16, Prevention of Food Adulteration Act could possibly be made out against them as they had done no overt act to prevent the Food Inspector from taking the sample of milk which he proposed to take. This plea did not find favour with the learned Chief Judicial Magistrate. He rejected the same and passed the impugned order.