STATE OF M.P. Vs. PREM CHAND

JUDGEMENT

(1.) This revision petition is directed against the revisional order dated 17.12.85 passed by the Addl. Sessions Judge Neemuch in Criminal Revision No. 47/85 whereby setting aside the order passed by the learned Magistrate framing charge under sections 7/16 of the Prevention of Food Adulteration Act, 1954 the non-applicant has been discharged.

(2.) Circumstances giving rise to the petition are these. On 12.7.85 the Food Inspector of the Municipal Committee, Neemuch, obtained sample of jalebi from the non-applicant's shop and on analysis the Public Analyst reported that it was adulterated as it contained un-permitted coal-tar dye. He was not examined as a witness and charge was framed by the learned Trial Magistrate.

(3.) The report of the Public Analyst discloses neither the colour of the jalebi nor does it specify the extent of colouring material used therein. It merely reads that the article has unpermissible coal-tar dye. The point for consideration is whether the revision petition deserves to be allowed. From a combined reading of Rules 28, 29 and 30 of the Prevention of Food Adulteration Rules, 1955 it is clear that certain coal-tar dyes in specified quantity may be mixed in sweets.