SHARWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as also counsel for the State.

(2.) IN both the cases bearing no. 6624 of 1990 and 5318 of 1990 similar points have arisen on the basis of the contention raised and this judgment will govern both the cases.

(3.) IN both the petitions the petitioner, who has been made accused for allegedly committing an offence punishable under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (To be hereinafter referred to as 'the Act'), has questioned the legality of the orders dated 7.5.1990 passed by the Chief Judicial Magistrate, Samastipur in G.O. Case No. 24 of 1990, Trial No. 1272 of 1990 and in G.O. Case No. 23 of 1990, Trial No.1271 of 1990, whereby the learned Chief Judicial Magistrate has taken cognizance of the offence punishable under Section 16(1)(a) of the Act and directed issue of summons against the petitioner.