J L ROY Vs. NEPAL CHANDRA SAHA,

JUDGEMENT

(1.) THIS appeal by a special leave at the instance of the Food Inspector -cum -Urban Health Officer, Karimganj Municipality, Karimganj is directed against a judgement of acquittal passed by the Sub -Divisional Magistrate (J.), Karimganj, in a case under Section 16(1)(b) of the Prevention of Food Adulteration Act, 1954, briefly the Act.

(2.) THE prosecution case is that the Food Inspector with witnesses visited the shop of the accused, who is a partner of a firm. Messrs. Bhudai Nepal Chandra Lalit Mohan Saha and on suspicion that there was adulterated flour inside the shop, asked the accused to give sample of 600 grams of flour from one of the bags which were found in the shop. The accused refused to supply the sample. This happened on 25th November, 1970. Being unsuccessful that way he made a written report (Exhibit 2) to the Chairman of the Municipal Board. Karimganj on the following day and requested to accord sanction for prosecution of the accused under Section 16(1)(b) of the Act. We may as well quote in extenso this report as the sanction for prosecution was based by the Chairman on this report. It is admitted by Mr. S.K. Sen, the learned Counsel for the appellant that there is no other report in the record.