Ramesh Sinha, J. - (1.) Heard Sri Rajiv Lochan Shukla, learned Amicus Curiae and Sri S. K. Pal, learned Government Advocate assisted by Ms. Manju Thakur, learned AGA for the State.
(2.) While deciding the aforementioned criminal revision, the learned Single Judge has been pleased to frame following questions for consideration by a larger bench; "(i) Whether the provisions of Section 13(2) read with Rule 9-A of the Prevention of Food Adulteration Act and Rules are mandatory or directory in character? (ii) Under what circumstances, if ever, non-compliance with the provisions of Section 13(2) and Rule 9-A has the effect of exonerating the accused? (iii) What is the effect of service of intimation required by Section 13(2) with the Public Analyst Report a few days before the institution of the prosecution?"
(3.) Vide order of the Hon'ble Chief Justice dated 20.05.2018, the present reference has been assigned to be considered by this bench.;