JITENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 16.7.2003 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in official complaint case No. 1004 of 2003 whereby he took cognizance of the offence under Sec. 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the said Act) and directed to issue summons against the petitioner and also against the order dated 27.12.2005 passed by the 1st Additional Sessions Judge, Nalanda in Criminal Revision No. 249 of 2004 whereby the revision filed against the order of the Chief Judicial Magistrate was dismissed.

(2.) The case of the complainant opposite party No. 2, the Food Inspector, Nalanda at Bihartsharif is that on 13.2.2003 he visited the jail premises, Biharsharif and took sample of food articles including milk powder from there and sent the sample of milk powder to the public analyst and the sample was found by the public analyst to be adulterated due to loss milk fat content in respect to prescribed limit of variability and presence of sugar.

(3.) AFTER receipt of the report of the public analyst the complainant obtained sanction for prosecution from the Civil Surgeon -cum -Chief Medical Officer, Nalanda and filed a complaint which was received on 16.7.2003 by the learned Chief Judicial Magistrate, who after perusing the same passed the impugned order.