STATE OF RAJASTHAN Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS appeal on leave granted by this Court under Section 378(iii) of the Code of Criminal Procedure on September 21, 1978 is directed against the judgment dated 18th February, 1978, of the Chief Judicial Magistrate, Sirohi, acquitting the accused -respondent of the offence under Section 16(A)(1) of the Prevention of Food Adulteration Act, 1954.

(2.) WHEN the above appeal came up for hearing, a preliminary objection was raised by the learned Counsel for the respondent that in this case the authority to file the complaint was given by the Collector and District Magistrate, Sirohi, to Shri Shivshankar Gaur, Food Inspector, Sirohi, but the complaint in the case was submitted in tli2 Court not by Shri Shivshanker Food Inspector, but by the Assistant Public Prosecutor, Sirohi, and, therefore, the trial itself had vitiated. In support of his contention, he has relied on the cases The State Rajasthan v. Jai Narain 1984 RCC 28 and Sadra v. The State of Rajasthan 1984 RCC 301. In State v. Jai Narain, the complainant was the Food Inspector, Gangapur, but the complaint was presented in the Court by the Assistant Public Prosecutor and the trial was conducted by him. In such circumstances. Agrawal, J. held and observed:

(3.) FOR the reasons mentioned above, the acquittal of the appellant passed by the Chief Judicial Magistrate, Sirohi, has to be upheld.