YAMUNA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications were heard together and they are being disposed of by this judgment as common questions of law are involved in both these applications.

(2.) The facts relevant for disposal of these applications, in short, are that on 9/07/1986 and Police Inspector, Town Police Station, Muzaffarpur, lodged a first information report alleging, inter alia, that while he was on patrolling duty he got an information that some adulteration in mustard oil is being done in the shops of Yogendra Sah (petitioner No. 1 in Cr. Misc. No. 6540 of 1988) and Yamuna Sah (petitioner No. 1 in Cr. Misc. No. 4030 of 1988) and on such information raid\ed the shops and recovered certain tins of mustard oil. On the basis of the said first information report Muzaffarpur Town, P.S. Case No. 246 of 1986 dated 9/07/1986 was instituted u/S. 7 of the Prevention of Food Adulteration Act, 1954 (for short "the Adulteration Act") and S. 420 of the Indian Penal Code (for short "the Penal Code") against the six petitioners in both the aforesaid applications.

(3.) After completing the investigation the police submitted charge sheet on the basis of which the learned Chief Judicial Magistrate, Muzaffarpur, took cognizance against the petitioners u/ S. 7 of the Essential Commodities Act, 1955 (for short "the E.C. Act") and S. 16 of the Adulteration Act and S. 420 of the Penal Code by the impugned order dated 27/02/1988, which has been assailed in the aforesaid applications.