DURGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer in this application is to quash the order dated 17-10-1982 passed by the Chief Judicial Magistrate, Gaya in case No. G. O. 377 of 1982, whereby cognizance has been taken against the petitioner for an offence under Section 16 (1) of the Prevention of Food Adultration Act (hereinafter referred to as the Act). Prayer has been also made to quash the entire proceedings of the case.

(2.) The learned counsel for the petitioner first raised the question of competence of the Chief Judicial Magistrate, Gaya in dealing with the case and passing the order of cognizance. It has been submitted by him that under Section 16(A) of the Act the Magistrate has to be especially empowered to try it in summary way in accordance with procedure laid down under Sections 260 to 265 of the Code of Criminal Procedure He has pointed out that there was no such notification empowering the Chief Judicial Magistrate to take cognizance in respect of the cases under the Act. He has also taken the stand that in any view of the matter since the case related to Jehanabad Sub-division (thereafter Jehanabad has become a district) and the Sub-divisional Judicial Magistrate, Jehanabad was empowered to take cognizance of and try the case of the sub-division and the Chief Judicial Magistrate, Gaya, did not have the jurisdiction for dealing with the case and passing the impugned order of cognizance.

(3.) When the hearing of this case was taken up, information was called for by me form the Administrative Office of this Court to indicate who was the Officer duly empowered to take cognizance and try cases under the Act at the relevant time. The office pointed out that the empowering had been done under Notification No. 80-A dated 28th March 1980 issued by the High Court. This notification is to the following effect :