MD.SAGIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Counsel for the State.

(2.) THE petitioners are aggrieved by the order of cognizance dated 8.8.2005 and the order dated 7.10.2005 by which their application for discharge in a prosecution under Section 16(1)(A) of the Prevention of Food Adulteration Act, 1954 registered as CB -1/2005 corresponding to Tr. No. 2115/2005 has been rejected. The prosecution report is that the sample of "Musa Ka Gul" is adulterated on basis of much more value of ash and ash insoluble in diluted Hydrochloric Acid. Further the sample was misbranded within the meaning of Section (ix)(j) & (k) of the Prevention of Food Adulteration Act, 1954 by virtue of violation of Rule 32(2) of the Prevention of Food Adulteration Rules, 1958.

(3.) LEARNED Counsel for the petitioners submits that "Musa Ka Gul" is not an item of food. Therefore, the provisions of Prevention of Food Adulteration Act have no application. The entire prosecution of the petitioners is therefore without jurisdiction. He relies on a Division Bench decision of this Court in 1997(1) PLJR 891 (M/s Haji A. Rahim Khan & Ors. vrs. The State of Bihar & Ors.).