DEEP CHAND JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) GOVIND Prasad Agrawal the sole petitioner in Criminal Revision No. 398/91 is a wholesale dealer of common salt. Deep Chand Jain the sole petitioner in Criminal Revision No. 342 of 1991 is the Munshi of the firm M/s. Bharat Enterprises of which Govind Prasad Agrawal is the Proprietor.

(2.) ON 27.6.1990 the Food Inspector Purnea took samples of salt from the premises of the firm and sent them for chemical analysis. On receipt of the analysis report he filed a complaint before the Chief Judicial Magistrate. Kishanganj on 21.7.1990. In the complaint it was alleged that the salt being sold by the petitioners to retail shop keepers (who would sell it to the general public) was found to be adulterated as it did not have the adequate percentage of iodine for human consumption. A prayer was made in the complaint to initiate a proceeding against the petitioners under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. The allegation in the complaint was sought to be supported by copies of the reports of chemical analysis given by the Public Analyst, Bhagalpur which were enclosed with the complaint petition.

(3.) LEARNED Counsel for the petitioners raised a simple point on the basis of which these two Criminal Revesions are fit to be allowed.