PADMANAV PATNAIK Vs. KASHINATH MANDOI

JUDGEMENT

(1.) THE Food Inspector, Notified Area Council, Bhubaneswar filed a prosecution report on 19 -6.1964 in the Court of the Sub. Divisional Magistrate, Bhubaneswar, under Section 16(1)(a) and (g)(ii) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) against the opposite party (accused) alleging that the latter was selling adulterated Chhena and that he was in the habit of selling such Chhena for which he was fined Rs. 160 - in the court of the Sub -Divisional Magistrate, Bhubaneswar, under Section 16(1)(80) of the Act in case No. C(II)69263 on 27 -3 -1964. On 20 -9 -1964 the learned Sub -Divisional Magistrate took cognizance and summoned the accused for appearance on 21 -11 -1964. On that day he passed the following order.

(2.) SECTION 7(i) lays down -

(3.) THE learned Magistrate committed an illegality in following summons procedure in the facts and circumstances of this case. No authority is necessary in support of this view. : A.I.R. 1959 Ker 379 may, however, be referred to wherein the same view has been taken.