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1984 Supreme(Del) 363

J.D.JAIN
STATE – Appellant
Versus
BRIJ MOHAN – Respondent


Advocates Appeared:
amicus curiae, B.D.BATRA, R.P.Lao

J. D. Jain, J.

( 1 ) THE facts giving rise to this revision petition which is directed against order dated 18th July 1984 of Shri V. K. Shali, Metropolitan Magistrate, New Delhi, succinctly are that on 25th August 1983 Sanjiv Kumar, Food Inspector, purchased a sample of mustard oil from M/s. Durga Provision Store, Street No. 12, Kailash Nagar, Delhi, in accordance with the provisions of the Prevention of Food Adulteration Act (for short the Act ) and the rules made thereunder for analysis. The said oil had been stored by the aforesaid firm for sale and. was meant for human consumption. The respondent-Brij Mohan was conducting the business of the firm at the relevant time. The sample oil was sent to the Public Analyst for analysis and it was found to be sub-standard in quality. Thereupon, after obtaining the consent of the State Government (Secretary (Medical), Delhi Administration) a complaint was instituted by the Delhi Administration for the prosecution of the respondent under Section 7/16 of the Act.

( 2 ) DURING the course of trial Shri S. K. Verma, Senior Prosecutor, who had been authorised by the Secretary (Medical), Delhi Administration, to launch the prosecution appeared i


















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