Ajit Singh Bains, J. - (1.) This is a revision petition by Kalu Ram accused against the order dated 15.11.72 whereby Shri R.N. Singal, Judicial Magistrate 1st Class, Fatehabad, framed charge against him under section 16(1)(a) read with section 7(i) of the Prevention of Food Adulteration Act alleging that on the date of alleged occurrence the Food Inspector was not empowered to take the sample from him. Its notice was given to the State and the Public Prosecutor put in appearance.
(2.) Perusal of the complaint which is on a printed form, shows that Shri K.C. Singal complainant had been duly appointed as Food Inspector for Municipal Committee Fatehabad in Hissar District vide Haryana Government Notification No. 2056-ASCI MB 11-7-13298 dated 1st May, 1971 and in exercise of his powers under section 10 of the Act, 1954, he purchased sample of food grain Atta wheat about 600 gms for sixty paise on 14.11.71 from the petitioner Kalu Ram.
(3.) In the complaint which was filed in the Court on 24.4.72 by the complainant as Food Inspector the accused summoned by the Court appeared on 31.5.72. After that in his presence the statement of the complainant was recorded on 6.10.72. In the cross-examination he stated that on 15.7.1971 he was appointed as Medical Officer of the Municipal Committee. He admitted that when he purchased sample he had not received the sanction from the Government regarding his appointment as a Food Inspector but he had taken sample in receipt of the letter from the Municipal Committee.;