KAJOD MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner challenges the order of the learned Chief Judicial Magistrate, Sawai Madhopur dated 23-3-78 on the ground that the same was passed without jurisdiction. Previously also, an application under sec. 482 Cr. P. C. against that order was presented to this court, which was registered as S. B. Criminal Miscellaneous Petition No. 56 of 1978, but the same was dismissed being premature on September 15, 1978, and it was observed that if the report of the Director, Central Food Laboratory, Calcutta is adverse to the accused-petitioner, he shall be at liberty to move a fresh application under sec. 482 Cr. P. C.

(2.) AFTER the decision of this court, the report of the Director, Central Food Laboratory, Calcutta dated May 27, 1978 was received in the trial court, and the same being adverse to the accused-petitioner, he has moved afresh under sec. 482 Cr. P. C. To dispose of this application, brief facts may be stated, which are these :

(3.) IT will be clear that the report of the Director, Central Food Laboratory, Calcutta dated November 21, 1977, which has superseded the report (Ex. P. 5) of the Public Analyst, clearly shows that the sample of "ghee" was not adulterated. In this view of the matter, it is a fit case in which the inherent powers of this court should be exercised.