S.J.DESHPANDE, J. - (1.)The State of Maharashtra has filed this revision against the order of discharge passed by the Metropolitan Magistrate, 17th Court, Mazgaon, Bombay, dated April 20, 1981.
(2.)It is not necessary to go into the merits of the prosecution in this case. The principle point which arises for consideration in this revision relates to the qualification of the Food Inspector, who investigated the case and launched the prosecution against the respondents-accused. Respondent accused No. 6 is the firm and respondent Nos. 1 to 5 are its partners dealing in sale of spices.
(3.)On January 4, 1979, Inspector S.K. Dolas, who is P.W. 3 in this case seized certain samples in the presence of the panchas and launched the present prosecution against the respondents-accused for the contravention of the provisions of the Prevention of Food Adulteration Act. The record shows that one Yadav, Food Inspector has filed complaint in the Court and the said Dolas P.W. 3 who was the Investigating Officer has not commenced these proceedings.