STATE OF RAJASTHAN Vs. LAXMINARAIN & ORS.

JUDGEMENT

(1.) This matter is listed today for disposal in the spirit of Lok Adalat.

(2.) This appeal has been filed by the State against the order dated 22.5.1993 whereby the Chief Judicial Magistrate, Bikaner has acquitted the accused respondents for the offence punishable under Sec. 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').

(3.) Vide judgment dated 22.5.1993 passed in Criminal Case No.237/1992, the Chief Judicial Magistrate, Bikaner has acquitted the respondents for the offence punishable under Sec. 7/16 of the Act of 1954 while holding that the Chief Medical and health Officer has granted prosecution sanction against the respondents vide Exhibit P.10 after applying its mind. The trial court has also held that the prosecution has failed to prove that at the time of packing and sealing the samples, the procedure laid down under Rule 16(d) of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the rules of 1955') has been followed. The trial court has also observed that the provisions of Sec. 13(2) of the Act of 1954 have been followed, as the prosecution has failed to inform the respondents to get the sample of article of food kept by the Local (Health) Authority Analysis by the Central Food Laboratory.