- (1.)THIS is a revision under Section 397/401 of the Code of Criminal Procedure (2 of 1974) (hereinafter referred to as the 'code') against the order dated 27-3-2001, passed by J. M. F. C. , Narsinghpur, in Criminal Case No. 285/96, dismissing the petition under Section 245 of the Code filed by the petitioners.
(2.)TERSELY, the facts of the case necessary for the disposal of the present revision petition are as follows :-
The petitioners are being prosecuted in the Court of J. M. F. C. , Narsinghpur, for the offences, punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'act') for alleged violation of Rule 32 (e) of Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the 'rules' ).

(3.)THE case of the prosecution is that on 26-4-95 Food Inspector, R. P. Rai visited the shop of petitioner No. 1, Hariram and purchased 200 gms. of Tata Filtered Coconut Oil. After completing necessary formalities one of the samples was sent to the Public Analyst, Bhopal for analysis. Public Analyst, vide its report dated 6-7-1995 found the sample to be misbranded as defined in Section 2 (ix) (k) of the Act. Copy of report of Public Analyst has been filed with the revision petition as Annexure-B. The reason for finding the sample as misbranded is that the label on the container was not in accordance with Rule 32 (e) of the Rules which reads thus :-
" 32. Package of food to carry a label.-- Every package of food shall carry a label and unless otherwise provided in these rules, there shall be specified on every label:-***** (e) A distinctive batch number or lot number or code number, either in numericals or alphabets or in combination, the numericals or alphabets or their combination, representing the batch number or lot number or code number being proceeded by the words 'batch No. , or Batch, or Lot No. , or Lot or any distinguishing prefix: Provided that in case of canned food, the batch number may be given at the bottom or on the lid of the container, but the words 'batch No. ' given at the bottom or on the lid, shall appear on the body of the container. "