STATE OF RAJASTHAN Vs. ASHOK KUMAR

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 21.2.1994 whereby the Additional Chief Judicial Magistrate, Hanumangarh Junction has acquitted the accused respondents for the offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').

(3.) Vide judgment dated 21.2.1994 passed in Criminal Case No.128/1988, the Additional Chief Judicial Magistrate, Hanumangarh Junction has acquitted the accused-respondents for the offence punishable under Section 7/16 of the Act of 1954 while holding that before granting prosecution sanction, the Chief Medical and Health Officer, Sri Ganganagar has not applied its mind and has granted prosecution sanction in mechanical manner. The learned trial court has observed that there is no evidence available on record to suggest that before granting the prosecution section, the Chief Medical and Health Officer, Shri Murli Manohar Mathur has applied its mind while taking into consideration the exhibits P/1 to P/9, P/11 and P/13. The learned trial court has placed reliance on the judgment passed by this Court in Babu Lal v. State of Rajasthan reported in Cr.L.R. (Raj.) 1991 page 298 and has held that when the prosecution sanction has been granted in mechanical manner, the same vitiates the whole proceedings.