T. CHANCHAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) THIS case raises a question of procedure under Section 13 of the Prevention of Food Adulteration Act, 1954(hereinafter called the Act). The petitioners are facing trial in the Court of the III Additional Judicial First Class Magistrate, Kakinada for an offence under Section 16 of the Act on the ground that they sold adulterated asafetida.

(2.) THE prosecution examined the Food Inspector and marked the report of the Public Analyst as an exhibit. Thereafter the petitioners filed an application for summoning the Public Analyst for purposes of cross -examination for which they have a right in view of the declaration of law to that effect made by the Supreme Court in Ram Dayal vs. Delhi Corporation : A.I.R. 1970 S.C. 366. Thereafter the Public Analyst was cross -examined as a witness on 18 -6 -84 and he was designated as P.W. 3. After the conclusion of the cross -examination the Assistant Public Prosecutor filed a memo on 27 -7 -1984 before the learned Magistrate under Section 311, Cr.P.C. as follows:

(3.) IT is against this order that the accused have filed the present petition before me.