FOOD INSPECTOR Vs. CH QADIR WANI

JUDGEMENT

(1.) ORDER :- From the perusal of this file, it transpires that this revision was filed by the State against the order of Judicial Magistrate, Ist. Class, Chadoora in file No. 65 captioned Food Inspector versus Ghulam Qadir Wani.

(2.) Compliant against the accused/non-applicant Ghulam Qadir Wani was filed in the court of Judicial Magistrate, Ist. Class, Chadoora under the provisions of Section 16(1) of Prevention of Food Adulteration Act for conducting business of food stuffs without renewal of his licence for the year 1984-85 and 1985-86. After the complaint was filed/presented before the court below, accused had appeared. Charge was stated to him. He had denied the allegations and the case was fixed for recording of prosecution evidence in support of the complaint.

(3.) From the perusal of the records, it transpires that the complainant did not produce any evidence in support of his complaint and instead absented himself from the prosecution of the case. Records further reveal that on 14-10-1986, complainant was not present and even on the date of passing of the impugned order i.e. 24-11-1986, Parawkar did not present himself nor did he produce any evidence. Learned Magistrate had dismissed the case for want of prosecution only, though he was within his bounds in case he would have dismissed the case for want of proof also and for non-production of evidence.