BANSAL STORES Vs. STATE OF M P

JUDGEMENT

(1.) The applicant being aggrieved by the order dated 17.8.1998 passed by First Additional Sessions Judge, Sidhi, in Criminal Revision No.41/1993 setting aside and reversing the order dated 24.12.1992 passed by the learned Chief Judicial Magistrate, Sidhi, in Criminal Case No. 655/1992, has filed the present revision petition.

(2.) The facts for disposal of the present revision petition in nutshell are that one J.P. Khare, Food Inspector, Flying Squad, Sidhi, made a raid on the shop of the respondent no. 2 and purchased three plastic containers containing pickle samples, after giving him proper notices under Form 6 the amount was paid and the receipt were obtained from the said respondent. On enquiry the respondent no. 2 informed the Food Inspector that he had purchased the said item of food from M/s. Bansal Stores, Panjara Bazar, Singroli i.e. the present applicant. The samples were properly wrapped and sealed and one of the sample was sent for its analysis to the laboratory. The Food Laboratory submitted the report stating inter alia that the total fruits were 77.184%, the oil percentage was 8.514%. The report by the public analyst also showed that fungus growth and the added synthetic colours were absent and there was no extraneous matter in the food article. After obtaining the said report the Food Inspector sent a notice to the present applicant and filed private complaint in the Court of the Chief Judicial Magistrate, Sidhi.

(3.) The applicant after putting his appearance submitted before the learned trial Court that as the report was incomplete and did not say that the food article was failing in maintaining both the standards as prescribed under the Act, the prosecution could not proceed. After hearing learned counsel for the parties the learned Chief Judicial Magistrate vide its order dated 24.12.1992 held that as the report was incomplete, the prosecution could not continue. He accordingly discharged the accused persons.