STATE Vs. B SATYANARAYANA

JUDGEMENT

(1.) ORDER of trial Court dropping the prosecution Under Section 268, Criminal Procedure Code is grievance of the prosecutor in this revision. Opposite parties were being prosecuted Under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and Rules 45 and 50 of the Central Rules made thereunder.

(2.) PROSECUTION case is that accused persons carry on business of sale of food articles in the shop named Bharat General Store within the limits of Parlakhemundi Municipality. On 31 -8 -1989, Food Inspector. Parlakhemundi under the Subdivisipnal Medical Officer of that Subdivision visited the shop and made statutory purchase of food articles for analysis. After getting the samples examined by the public analyst. Food Inspector submitted the prosecution report against the accused for having committed the offence as stated earlier.

(3.) LEARNED Magistrate taking note of Section 2(viii) and Section 20 of the Act and Rule 12 of the Orissa Rules made under the Act dropped the prosecution Under Section 258, Cr P C, relying upon the decision repotted in 1990 (II) OLR 58 (Tarachand Agarwala v. Cuttack Municipality) which is grievance of the prosecutor.