HIRARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a revision under Section 397/401 of the Code of Criminal Procedure (2 of 1974) (hereinafter referred to as the 'code') against the order dated 27-3-2001, passed by J. M. F. C. , Narsinghpur, in Criminal Case No. 285/96, dismissing the petition under Section 245 of the Code filed by the petitioners.

(2.) TERSELY, the facts of the case necessary for the disposal of the present revision petition are as follows :-

(3.) THE case of the prosecution is that on 26-4-95 Food Inspector, R. P. Rai visited the shop of petitioner No. 1, Hariram and purchased 200 gms. of Tata Filtered Coconut Oil. After completing necessary formalities one of the samples was sent to the Public Analyst, Bhopal for analysis. Public Analyst, vide its report dated 6-7-1995 found the sample to be misbranded as defined in Section 2 (ix) (k) of the Act. Copy of report of Public Analyst has been filed with the revision petition as Annexure-B. The reason for finding the sample as misbranded is that the label on the container was not in accordance with Rule 32 (e) of the Rules which reads thus :-