KESA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Kesa was convicted under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and was sentenced to six months' rigorous imprisonment with a fine of Rs. 1000/ -, in default of the payment of fine to further undergo one month's like imprisonment by the learned Chief Judicial Magistrate, Sirhoi by his judgment dated May 6, 1978. The accused went in appeal which was dismissed by the learned Additional Sessions Judge, Sirohi on November 6, 1978. Hence this revision.

(2.) IT was vehemently contended by the learned Counsel for the accused -petitioner that the prosecution and trial of the accused were wholly bad and unwarranted It was argued that the written consent to launch prosecution or file the complaint was accorded to the Food Inspector by the Municipal Board, Sirohi vide Ex P.6 but the complaint was not filed by the Food Inspector. It was filed by Assistant Public Prosecutor (I), to whom the written consent to file the complaint was not accorded by the Municipal Boaid, under Section 20 of the Act. That vitiates the whole trial. Rdiance in support of the contention was placed on Section 20 of the Act and on two decisions of this Court (1) Stare v. Jai Narain 1983 Cr. L.R. Raj. 459 and (2) Nagji Ram v. State of Rajasthan 1983 Cr. L.R. 666. In reply, it was contended by the learned Public Prosecutor that objection as to the maintainability of the complaint on the ground now raised in this Court Was not taken by the accused in the Courts below As such, the objection should not be entertained now at this stage. As regards the two authorities cited above, the learned Public Prosecutor had to submit that in case his aforesaid objection is not accepted, the present case is covered by the aroresaid authorities.

(3.) I find no merit in the contention of the learned Public Prosecutor that the accused is estopped from challenging the illegality of the prosecution simply on the ground that he did not raise the objection which he is taking now in the appeal There is nothing like estopped in law which may preclude the accused from challenging the illegality or invalidity of the prosecution.