STATE OF PUNJAB Vs. ASHOK KUMAR

JUDGEMENT

(1.) VIDE this order two Criminal Appeals (Nos. 273-DBA and 278-DBA of 1983) are being disposed of as common question of law is involved therein. In both these cases samples of food were purchased by the Food Inspector. On analysis by the Public Analyst they were not found up-to the standard prescribed. Criminal complaints were instituted in these two cases in the Court of Chief Judicial Magistrate, Gurdaspur. Notices as required under Section 13 (2) of the Prevention of Food Adulteration Act were issued to the accused calling upon them, if they so desired, to send the second sample of the food kept with the Local (Health) Authority for analysis to the Central Food Laboratory within a period of 10 days by approaching the Court of Judicial Magistrate, Gurdaspur. This notice was held by the Chief Judicial Magistrate not in accordance with law and thus he acquitted the accused. The State of Punjab has come up in appeal in these cases. Section 13 (2) of the Act reads as under:-