RANGEEL SINGH Vs. STATE

JUDGEMENT

(1.) THE Food Inspector Simla purchased a sample Of milk from Shri Bai Kishan, Respondent No. 3, on 27-5-1980. The said sample was purchased and dealt with in accordance with the provisions of the Prevention of Food Adulteration Act, hereinafter called 'the Food Act' and the Rules framed thereunder. On being analysed the sample was found adulterated and hence a complaint under Section 7 read with Section 16 of the Food Act was filed by the Food Inspector against the respondent Bal Kishan. During the pendency of that complaint Bal Kishan respondent moved an application before the Chief Judicial Magistrate in whose court the complaint wag pending praying that the present petitioner be impleaded as a co-accused under Section 20-A of the Food Act inasmuch as the milk out of which the sample had been purchased by the Food Inspector was supplied to him by this petitioner. That application was rejected by the learned Chief Judicial Magistrate. Respondent No. 3 then approached this Court in revision. On a notice being issued to the petitioner he did not object to his being impleaded as a party to the complaint and as such this Court vide its order dated 25-9-1981 directed that the present petitioner be made a co-accused, being a warrantor;

(2.) AFTER the petitioner was impleaded as a co-accused in the complaint under Section 7 read with Section 16 of the Food Act. he made an application to the Chief Judicial Magistrate under Section 13 (2) of the Food Act praying that the Local (Health) Authority be directed to produce in Court the sample of the milk taken from respondent No. 3 by the Food Inspector and the same be ordered to be despatched to the Director, Central Food Laboratory for analysis at the petitioner's expense. The Chief Judicial Magistrate vide his order dated 23-101981 rejected that application observing that the petitioner had no right to make that sort of application under Section 13 (2) of the Food Act.

(3.) FEELING aggrieved the petitioner has now approached this Court praying that the order of the Chief Judicial Magistrate be quashed and that his application made under Section 13 (2) of the Food Act before the Chief Judicial Magistrate be allowed.