CHANDU LAL V RAJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners have prayed for quashing of the order taking cognizance dated 01-9-1998 passed in C/II Case No. 766/98 under Sections 16 (a) (i) of the Prevention of Food Adulteration Act and also for quashing of the order dated 5-9-2003 dismissing the revision application filed by the petitioner against the said order of taking cognizance.

(3.) The facts in short are that a complaint as contained in Annexure-1 to the writ application was lodged by the Respondent No.2, Food Inspector, against the petitioners before the Chief Judicial Magistrate, East Singhbhum, Jamshedpur alleging therein that the complainant Food Inspector visited the shop namely M/s. Prince situated at 6, Natraj Mansion, Main Road, Bishtupur, Jamshedpur, the owner of which were the petitioners and purchased a Feeding Bottle from the said shop for chemical analysis and thereafter it was sent for analysis and according to the report of the Public Analyst the said Feeding Bottle was found to be not fulfilling/conforming to the specification laid down under the Prevention of Food Adulteration Rules. On the basis of the said complaint, the cognizance of the offence under Section 16 (a) (i) of the Prevention of Food Adulteration Act was taken by the Chief Judicial Magistrate on 1-9-1998. Against the said order of taking cognizance the petitioners filed a revision application before the Sessions Judge, which was heard by the 1st Additional Sessions Judge, Jamshedpur, who vide his order dated 5-9-2003 dismissed the said revision application. Now by filing this writ application, the petitioners have challenged the order taking cognizance by the Chief Judicial Magistrate as well as the order passed by the Revisional Court dismissing the revision application.