STATE OF PUNJAB Vs. KEWAL KRISHAN

JUDGEMENT

(1.) VIDE this order three Criminal Appeals Nos. 191-DBA, 195-DBA and 215-DBA of 1983 are being disposed of as the question debated is common regarding the defect of non-compliance of section 11(2) of the Prevention of Food Adulteration Act.

(2.) FACTS are taken from the case of Kewal Krishan (Cri. A. 191-DBA/1983). On October 21, 1981. Dr. Gurcharan Singh, who was exercising powers of Government Food Inspector purchased a sample of milk from Kewal Krishan accused On analysis by the Public Analyst it was not found upto the standard prescribed. Hence prosecution of Kewal Krishan was launched by filing a criminal complaint under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1934 (hereinafter called the Act). A notice under section 13(2) of the Act Exhibit DA was served upon Kewal Krishan accused on December 15, 1981 calling upon him if he so desired to apply to the Court of Judical Magistrate for sending the second sample for analysis by the Central Food Laboratory. It is the validity of this notice which is being questioned in this appeal.

(3.) SHRI S. K. Sharma DAG, Punjab, appearing on behalf of the State has argued that the notice served in these cases was in compliance of section 13(2) of the Act. In the alternative it his been argued that with little effort the accused would have come to know where cases under the Prevention of Food Adulteration Act were being dealt with as there was only one Court at Gurdaspur which was dealing with the cases under the Act. We do not find any merit in this contention. Section 13(2) of the Act reads as under :-