AYODHYA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Sec. 561 A of the Code of Criminal Procedure for quashing a proceeding pending in the court of the Munsif Magistrate in which the petitioner is being prosecuted for the offence under Sec. 16 of the Prevention of Food Adulteration Act (hereinafter to be referred to as 'the Act').

(2.) The relevant facts which have given rise to this present application briefly stated are as follows : The prosecution has been launched on the report of Shri P. N Sharma (P.W. 3), who is the Food Inspector of Rupauli Block. The complaint filed by him is to the effect that he visited the shop of the petitioner located in village Bhikhna within Police station Rupauli, District Purnea on the 15th of May, 1967 at 5.30 P. M. He found the present petitioner present in the shop and there were articles exposed for sale in the shop, such as, mustard oil, salt, spices, gur, etc. The food inspector disclosed his identity and he thereafter gave a written notice as contemplated by Sec. 11 of the Act and by this notice he informed him that he wanted to take sample of mustard oil so that he may have it analysed. This notice was served in the presence of witnesses, but it is alleged that in spite of the service of the written notice the petitioner refused to give the required article to the food inspector. It has, therefore, been alleged that the petitioner has violated the mandatory provisions of the Act and as such is liable under Sec. 16 (1)(b) of the Act.

(3.) The learned Sub-divisional Magistrate took cognizance of the case and thereafter transferred the same to the file of Shri A. S. Lal, Munsif Magistrate, First Class, Purnea, and it appears that some witnesses have been examined and thereafter a date was fixed for framing the charge. The petitioner filed a petition contending therein that no offence had been made out and therefore no charge should be framed. The learned Munsif Magistrate rejected this prayer and ordered that he would be charged under Sec. 16 (1) (b) of the Act. This order was passed on the 4th of Dec., 1969. The petitioner thereafter preferred a revision against this order before the learned Sessions Judge which was numbered as Criminal Revision 8 of 1970 in the court of the Sessions Judge, Purnea. The learned Sessions Judge also dismissed the application and refused the prayer of the petitioner for makings recommendation to the High Court for quashing of the proceeding. This order was passed on the 13th of May, 1970 and thereafter on the 2nd of July, 1970 this present application under Sec. 561 A of the Code of Criminal Procedure has been filed.