UDHABDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH the revision Nos. 82/92 and 83/92 have been heard analogously and are being disposed of by this common order as common question of law is involved in both the revisions.

(2.) FOOD Inspector, Ujjain, has filed separate complaints against the applicants herein alleging commission of offence u/s. 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, the' Act') for allegedly selling adulterated Ice. The learned trial Magistrate by his orders dated 10.4.1990 passed in Criminal Cases Nos. 3829/90 and 4042/90 discharged the applicants of the said charge holding that Ice is not 'Food' within the meaning of Clause - v of Sec. 2 of the Act. However in revision the Addl. Sessions Judge Ujjain set aside the orders of the Magistrate and directed for framing of charge u/s. 7/16 of the Act against the applicants who have therefore come up in revision before this Court.

(3.) CLAUSE -v of Sec. 2 defines 'Food' as follows : -,