ADMINISTRATOR, MUNICIPAL COUNCIL, SIKAR Vs. MADAN LAL

JUDGEMENT

(1.) This criminal miscellaneous petition under section 482, Cr. P. C. by the Administrator, Municipal Council, Sikar, is directed against the order of the learned Sessions Judge, Sikar dated June 15, 1978, whereby the order passed by the learned Chief Judicial Magistrate, Sikar, dated Sept. 14, 1976 was upheld.

(2.) The Health Officer, Municipal Council, Sikar filed a complaint against the non-petitioner Madan Lal for an offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The allegation against the non petitioner was that the Food Inspector O. P. Sharma purchased 600 grams of'BESAN' from the accused on Oct. 11, 1974. A sample of the 'BESAN' was sent to the Public Analyst, Sikar, who vide his report dated Oct. 26, 1974, certified that the sample of 'BESAN' sent to him was adulterated.

(3.) During the pendency of case an objection was raised from the side of the accused in the court of Chief Judicial Magistrate that in view of the Notification dated March 11, 1974, issued under section 20 of the Act, the complaint could not have been lodged without the previous sanction of the Collector or Distt. Magistrate.