DHANI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) One of the petitioners Sh. Dhani Ram was prosecuted under section 7 read with section 16 (1 -A) of the Prevention of Food Adulteration Act (hereinafter to be called as the Act) for selling adulterated Shakar to the Food Inspector on 16th December, 1988, The sample so purchased was found to be adulterated by the Public Analyst and a complaint was preferred. During the trial, this Dhani Ram accused -petitioner moved an application under section 13 (2) of the Act, for sending second part of the sample to the Director, Central Food Laboratory, Mysore, which application was allowed on 25th September, 1989. The Director, Central Food Laboratory, Mysore, also vide his report opined sample to be of adulterated nature.

(2.) During the trial of the complaint, it was brought to the notice of the trial Magistrate that on the basis of case law Rattan Lal v. State of H.P, All India Prevention of Food Adulteration Journal, 1991 page 319, this Court had held that in certain circumstances, after the report of Director, Central Food Laboratory is received and sample is found to be adulterated, accused cannot be proceeded with except after obtaining fresh sanction for prosecution of the accused under section 20 of the Act on the basis of the opinion submitted by the Director, Central Food Laboratory, which had superseded the opinion of the public analyst In the present case, the trial Magistrate came to the conclusion that as the aforesaid ruling was applicable and fresh sanction for prosecution of the accused was required under section 20 of the Act and at that stage of the trial, the learned trial Magistrate came to the conclusion that for want of fresh sanction, complaint fails and was accordingly -dismissed. The accused was acquitted for the offences of which he has been charged However, the learned trial Magistrate observed that it was made clear that the State/ Food Inspector will be at liberty to institute a fresh complaint against the accused after obtaining valid consent if it so likes or if so advised in accordance with law,

(3.) A fresh complaint after obtaining fresh written consent under section 20 of the Act, on the basis of the report of the Director, Central Food Laboratory, was preferred by the Food Inspector and on the basis of the same, vide order dated 8th September, 1993 the trial Magistrate summoned the accused under section 7 (1) read with section i6 (1) (a) (i) of the Act.