S.N.BHARGAVA,J. - (1.) THIS is petition under Section 482, Cr.PC praying that the proceedings taken against the petitioner under Section 16 of the Prevention of Food Adulteration Act, 1954 (here in after referred to as the 'Act') may be quashed.
(2.) THE petition came up before learned Single Judge (MB. Sharma, J.) and arguments commenced. Learned Counsel for the petitioner relied on some decisions of this court which we shall refer later, and submitted that in view of those judgments, this petition should be allowed. Learned Counsel for the State referred decision of the Supreme Court in State of Bombay v. Parshottam Kanhaiya Lal : [1961]1SCR458 , which was not considered by this Court in any of those judgments, which were relied by learned Counsel for the petitioner. Learned Single Judge was inclined to take a view different from that had been taken in the earlier judgments of this Court. Therefore, he thought it proper to refer the following two questions for decision by the larger bench: [1] Whether, in view of the Notification dated June 7, 1974 referred to above, of the State Government authorising the Asstt. Public Prosecutors Grade -I and II to conduct the cases of Food Adulteration in the Court of Judicial Magistrate, can it be said that presentation in person of the complaint by the Food Inspector is necessary and if the complaint is not presented by the Food Inspector and it was presented by the Asstt. Public Prosecutor Grade -I or II, whether if will be contravention of Section 20(1) of the Act? [2] Whether, the complaint signed by the Food Inspector who has been given writtten consent for instituting the case is required to be presented by him. personally and if the complaint is not presented personally by the Food Inspector then whether there is contravention of Section 20(1) of the Act?
(3.) SINCE this was an important matter, we had directed that a general notice be issued to all the learned Advocates about hearing of this case so that submissions could be made by them, if they so liked. Mr. S.R. Bajwa, Advocate has appeared and has assisted this Court.;