STATE OF MAHARASHTRA THROUGH GOPALRAO DIGAMBARAO PATHAK, FOOD INSPECTOR, AURANGABAD Vs. BABAN LINGANNA GAVLI

JUDGEMENT

(1.) THIS Criminal Revision Application by the State questions the propriety and correctness of an order dated 15 -11 -1984 passed by the learned Chief Judicial Magistrate, Aurungahad, on the application at Exh. 16 filed by the State in Criminal Case No.2515 of 1980.

(2.) THE complainant, who is the Food Inspector, filed a complaint against the accused -Respondent -for offence under section 7(i)(2)(ia) and (m) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, in tt of the Chief Judicial Magistrate, Aurangabad. On 15 -11 -1984, the complainant filed an application at Exh.16 before the learned Magistrate and contended that, as the said Court was not specially empowered by the State Government under section 16A of the Prevention of Food Adulteration Act (hereinafter referred to as 'the said Act'), the said proceedings be stayed till the Magistrate is empowered under section 16A of the said Act, or, the case should be transferred to any Magistrate specially empowered under that section. The learned Magistrate passed the following order on the said application: -

(3.) NONE appeared for the original accused Respondent in this Court. Shri. S.K. Shelke, the learned Additional Public Prosecutor, appearing for the Petitioner -State, canvassed before me that the Magistrate cannot get jurisdiction to try the cases under tile provisions of the said Act unless be is empowered by the State Government to that effect as provided in section 16A of the said Act. be also canvassed before me that the Magistrate could not try the present case as it regular case as a would offend the spirit of section 16A of the said Act.