- (1.) This appeal is clearly covered by our decision in the case of Staff of Kerala v. Alasserry Mohammed. The learned Magistrate acquitted the respondent mainly on the ground that the quantity of the sample taken by the Inspector was smaller than that mentioned by the Rules. This court, however, in the aforesaid decision has clearly held that the Rules on the subject are purely directory and would not vitiate the trial.
(2.) Counsel for the respondent submitted that on this point the case is doubtless covered by our said decision but that there are other points also which he could have raised before the magistrate but for the fact that the magistrate chose to decide the whole case only on the question of non-compliance with the Rules. In this view of the matter we allow this appeal, set aside the acquittal of the respondent and remit the case to the learned Chief Metropolitan Magistrate for disposal in accordance with law. The learned Magistrate will now hear the arguments of both sides and decide the points raised before him according to the evidence already recorded. Both the parties are directed to appear before the learned Chief Metropolitan Magistrate on 2/04/1980. He shall dispose of the case as early as possible.;