NARENDRA KUMAR Vs. MUNICIPAL CORN INDORE

JUDGEMENT

(1.) This revision petition is directed against the order dt. 6-1-1986 passed by the 1st Addl. Chief Judicial Magistrate, Indore in Cri. Case No. 834 of 1985 whereby he has ordered that the third sample be sent to the Director Central Food Laboratory for certificate treating the sample as one of item No. A-18-11 of Appendix B of the Prevention of Food Adulteration Rules 1955 (for short 'the Rules').

(2.) The circumstances giving rise to this revision petition are these : The applicant manufactures and sells what he terms as 'Gold Finger'. It is prepared with Maida, salt, Papadkhar and colour. It is to be consumed after being fried. A sample of the article was purchased from him by the Food Inspector. On analysis, the Public Analyst found that the sample was adulterated. The applicant was accordingly prosecuted.

(3.) As provided under S. 13(2) of the Prevention of Food Adulterated Act 1954 (for short 'the Act') the applicant applied for getting the sample examined by the Director Central Food Laboratory who has issued the certificate dated 18-10-85 that the sample was not adulterated. The report is silent as to whether or not it was analysed as 'Macaroni products.'