B.N.Katju, J. - (1.) This is an application under section 482 Cr. P.C. on behalf of the Union of India praying that the order of the Chief Judicial Magistrate, Ghaziabad dated 16-3-1978 be quashed.
(2.) It appears that a complaint was filed under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) against opposite-parties Nos. 2 to 6 in the Court of the Chief Judicial Magistrate, Ghaziabad on 9-1-1976. The learned Magistrate by his order dated 16-3-1978 held that the report of the Public Analyst which was filed during the examination-in-chief of the Food Inspector was not admissible in evidence under Section 13(5) of the Act.
(3.) Admittedly the bottle in which the first sample was sent to the Public Analyst was found to be broken by the Public Analyst and the Public Analyst by his letter dated 28-10-1974 informed the Food Inspector that another sample be sent to him for analysis. The sample that was retained by the Food Inspector under Section 1 l(l)(c)(iii) of the Act was thereafter sent to the Public Analyst by the Food Inspector on 24-2-1975 and the Public Analyst after analysing the sample submitted his report on 24-3-1975.;