Farooq Hasan, J. - (1.) In Cr. case No. 201/81, the Chief Judicial Magistrate, Bharatpur, vide his judgment dated 26-11-82, convicted for the offence punishable under Sec. 7/16 of the Prevention of Food Adulteration Act (for short, the PFA Act) & sentenced to undergo 6 months R.I. with a fine of Rs. 3,000/- (in default further 3 months R.I.), which came to be reduced to 6 months' R.I. with a fine of Rs. 1000/- (in default further 3 months RI) only under judgment dated 18-3-87 of Addl. Sess, judge No. 1, Bharatpur, in cr. appeal No. 56/86 (115/82). Hence this revision petition.
(2.) Shri Praveen Balwada argued on behalf of the petitioner (accused) that in the case at hand, the provisions contained in Section 20 of the PFA Act have not been complied with in its true spirit, and therefore, this case is fully covered by the decision, of this Court in Babulal v. State (S.B. Cr. Rev. Petition No. 159/86 allowed on 12-2-1990) .
(3.) In the instant case, the sanction for launching prosecution of the petitioner, under Section 20 of the PFA Act was given under Ex. p. 8 which is being reproduced below:- "I, Dr. S.P. Johri Chief Medical & Health Officer, Bharatpur in exercise of the powers conferred upon me by the Government of Rajasthan (Medical & Public Health Deptt.) Notification No. F.8 (24) MPH/74/ Group-I, dated 23-9-78 and amendment No. F.8 (24) Med/Health/74, dated 24-1-79 published in Rajasthan Gazette dated 8-2-79 page No. 394 part-4 (Ga), read with section 20 sub-section (1) of the Prevention of Food Adulteration Act do hereby accord my consent for prosecution of Shri Bholey S/o Chunnilal Mali Occupation Halwai Gopalgarh Bharatpur above named for an offence under Section 7(1) of the Prevention of Food Adulteration Act. "Shri H.P. Nandi Dy. C.M. & H.O. (H) & F.I. is hereby authorised to file the complainant in the Court of law. Sd/- CM & HO & Local (Health) Authority, Bharatpur";