VARDHMAN KALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the accused petitioner challenging the order dated 4th April, 2000 passed by the learned Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Sambhar Lake, whereby he rejected the legal objections raised by the petitioner in the criminal case (No.210/99) pending in that court for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954(hereinafter referred to as 'the Act' for short).

(2.) Brief facts of the case are that on 13th June, 1997, the Food Inspector had inspected the firm Navneet Iodized Salt, Sambhar Lake and purchased some salt as sample for the purpose of investigation in regard to adulteration. After completion of the procedure, in respect of taking sample, sealing, sending to the Analyst, etc. etc., the necessary sanction was granted by the Chief Medical Health Officer, Jaipur in favour of the Food Inspector for lodging of the criminal case.

(3.) Consequently, a complaint was filed in the court of Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Jaipur District, Jaipur by the Food Inspector on 15th July, 1998. The learned trial court took cognizance for the offence under Sec. 7(3) of the Food Adulteration Act and Rule 50(1) of the Prevention of Food Adulteration Rules. Thereafter, the petitioner was summoned by bailable warrant.