MADAN Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Learned counsel for the applicant is not present. I have perused the two judgments as well as heard learned A. G. A.

(2.) ON a perusal of the judgments it is found that an argument with regard to non-compliance of the provision of Sec tion 13 (2) of the Prevention of Food Adul teration Act (hereinafter referred to as the Act') was raised before the Courts below, but both the Courts below have very cur sorily dealt with this aspect of the matter.

(3.) THE provision of Section 13 (2) of the Act has not been introduced in the Act as a mere formality. This provision is meant for every strict compliance not only in words but also in letters also. THE present case does not show that the prosecution had discharged this burden, as required by the law.