THE STATE OF MAHARASHTRA Vs. HIRACHAND SHAMDAS CHHOBRIM

JUDGEMENT

(1.) This revision petition is filed by the State of Maharashira against the order passed by the Metropolitan Magistrate, 6th Court at Borivli, Bombay on 30th June 1980 dismissing the complaint filed under the provisions of Prevention of Food Adulteration Act, 1954 by the Food Inspector, Food and Drug Administration, Bombay bearing Case No. 107/S/79.

(2.) It appears from the record that the accused filed an application before the trial court raising a preliminary objection that Shri Acharya, the Food Inspector had no authority to file a complaint as the necessary sanction was not obtained by him before instituting the proceedings. This preliminary objection was accepted by the Learned Metropolitan Magistrate and ultimately dismissed the complaint and discharged the accused No. 2. It appears from the order that the accused No. 1 was not even served with the summons and therefore no order could be passed against him in this proceeding. Shri Gangakhedkar the learned Public Prosecutor appearing for the State contended before me that the order passed by the learned Metropolitan Magistrate is vitiated, it being contrary to the decision of the Supreme Court in Corporation of Calcutta Vs. Md. Omer Ali and Anr. 1977 (1) FAC 181 as well as of this Court in State of Maharashtra Vs. Nizamuddin 1978 (II) FAC 136.

(3.) However Shri Bhore the learned Counsel appearing for the Respondent has supported the order passed by the trial court.