C.S. Tiwana, J. - (1.) This is a criminal revision petition directed against the order passed on 7.8.1973 by Shri Gopi Chand, learned Judicial Magistrate, 1st Class, Ludhiana, in the complaint case for offence under section 16(l)(a)(i) of the Prevention of Food Adulteration Act, against the petitioner, whereby he dismissed the petitioner's application for sending the sample bottle retained by Government Food Inspector, to the Director, Central Food Laboratory, Calcutta, for analysis.
(2.) Briefly put, the facts of the case giving rise to this revision petition are that on 11.7.1972, Shri D S. Sawhney, then Government Food Inspector, Ludhiana, filed in the court of the Ilaqa Magistrate, complaint for the prosecution of the petitioner for offence under section 16(l)(a)(i) of the Prevention of Food Adulteration Act, in respect of sample of chillies powder allegedly taken by him in due manner from the petitioner on 26.2.1972. On the strength of the said Food Inspector's statement recorded on 11.10.1972, he was changed for the said offence on the same day. Subsequently, the prosecution evidence was closed on 16.5.1973 and the petitioner was examined under section 342 of the Code of Criminal Procedure on 23-5-1973. Thereafter, he moved application on 18-7-1973 stating that due to delay and improper packing etc. of the sample in plastic bags, the sample given to him had become totally decomposed and spoiled and, therefore, requested for sending the sample lying in the office of the Chief Medical Officer, Ludhiana, to the Director of Central Food Laboratory, Calcutta, for analysis. This application was opposed by the Govt. Food Inspector and it was ultimately dismissed by the said learned Judicial Magistrate, 1st Class, Ludhiana, vide his impugned order dated 7-8-1973. Feeling aggrieved thereby he preferred this revision petition.
(3.) I have examined the record and heard the arguments. The discussion is held as under.;