SHIVARAJ BANG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is filed against the order of the VII Metropolitan Magistrate. Hyderabad in Crl. M.P. No. 867 of 1977 in C.C. No. 220 of 1977. The petitioner herein was charged for an offence under the Prevention of Food Adulteration Act. He deals in oil. A sample was taken and sent for analysis. After receiving the analysis report that the oil was adulterated, a case was filed against him. It is stated that the entire container containing oil was confiscated and kept in the custody of the court. The petitioner has filed this petition to ;end the requisite quantity out of the oil contained in the container deposited in the court for analysis by the Central Food Laboratory. The learned Magistrate dismissed the petition holding that there is no provision for sending the requisite quantity from out of the seized material deposited in the court. He held that only the sample that is kept with the Local Authority could be sent for analysis to the Central Laboratory under section 13(2) of the Act.

(2.) In this revision it is submitted by the learned counsel for the petitioner that under the inherent powers of the court the learned Magistrate should have sent the sample from out of the container for analysis. I do not agree. Sec. 13(2) is a specific provision enabling the petitioner, if he so choses, to have the sample analysed by the Central Food Laboratory.

(3.) I, therefore, see no grounds to interfere with the order of the learned Magistrate and I dismiss this revision. Revision dismissed.