STATE OF RAJASTHAN Vs. RAM NATH

JUDGEMENT

(1.) I have gone through the judgment dated May 2, 1980 of the learned Munsif and Judicial Magistrate First Class,fatehpur. It appears that the only ground on which the charge under Section 7 (1) and Section 16 (1) (A) of the Prevention of Food Adulteration Act, 1954 (for short hereinafter referred to as 'the P. F. Act') has been dropped against the accused-respondents is that the complainant was not present and the sanction has also not been proved.

(2.) VIRENDRA Kumar Tyagi PW1 was Food Inspector, Fatehpur on January 29, 1977. On that day the. said Food Inspector purchased the requisite quantity of gram dal after giving notice under form No. 6 to the accused-respondent. The witnesses were present and the witnesses Kudilal PW 2 and Gordhan PW 3 also signed the various memos. The gram dal being 750 grammes, which was purchased, was divided into three equal parts and each part was separately wrapped and sealed. One sample was sent to the Public Analyst for analysis and the Public Analyst under his report Ex. P/5 dated February 16, 1977 after giving the details of the various constituents to make the gram dal opined that the sample was adulterated as it did not conform to the prescribed standard- of purity. The Food Inspector after taking the written consent for the initiation of prosecution against the accused-respondent from the Collector and District Magistrate, Sikar, filed the complaint against the accused-respondent.

(3.) IT may be observed that learned Magistrate Shri Om Prakash Sharma, who was then posted as Munsif and Judicial Magistrate First Class, Fatehpur, District Sikar has no knowledge of law. He has not taken any pains even to go through the record of the case to the effect that in a complaint case the Magistrate had in the first instance issued a bailable warrant to secure the presence of the accused. Had he done so, he would not have fallen in the legal error in which he had fallen. He acquitted the accused on flimsy ground in the case under Section 256 (1) Cr. P. C. This remark may be communicated to the Magistrate concerned.