RAMESH KUMAR JAGNANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the Petitioner and learned Counsel appearing on behalf of the State.

(2.) The proceeding in question has been initiated on the basis of a prosecution report submitted by the Complainant-Food Inspector, Patna alleging exposed sale of calcium which was alleged to be adulterated within the meaning of Section 2(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act), by the partnership firm, namely, M/s Anand Industries having its office and business at Gosai Tola, Patna-13, of which the Petitioner is said to be the managing partner. The Public Analyst report which forms part of the complaint renders the sample in question as not being of Calcium.

(3.) The Sub-Divisional Judicial Magistrate, Patna upon consideration of the materials on record was pleased to take cognizance of the offence under Sections 16(1)(a) of the Act against the Petitioner and another, giving rise to the present application.