A GHOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition is directed against the order of learned Chief Judicial Magistrate, Jaipur City dated 31.3.1999 in Case No. 469/96 rejecting the application of the petitioner for discharging him in view of the warranty by the manufacturer printed on, the packing of the commodity under Section 19(2) of the Prevention of Food Adulteration Act, 1954 inter alia on the ground that he was merely a purchaser from the manufacturer and the commodity was purchased from him by the food Inspector, in sealed container which carried with it a warranty from the manufacturer/vendor in the prescribed form which protects him under Section 19(2) of the Prevention of Food Adulteration Act, 1954. Such printed warranty discharged him from burden of proving the existence of such warranty. Therefore, he should be discharged.

(2.) THE learned Additional Chief Judicial Magistrate relying on the judgment of the Delhi High Court in State (Delhi Admn.) v. Pawan Kumar Chopra and Anr. 1908 (2) FAC 202 has rejected this prayer. Hence this petition.

(3.) THE learned Counsel for the petitioner in support of his connection further urged that the fact of warranty given by the vendor manufacturer has been admitted in the complaint itself.