Who is to be blamed if food-adulterators escape prosecution or conviction ? The law or the investigator/ prosecutor ? This is the core question in issue in this case involving interpretation of some of the tricky, though not tanned, provisions of the Prevention of Food Adulteration Act, 1954, for short, the Act.

2. However, I may first deal with two peripheral issues which obstruct my entry upon the core question. According to learned Public Prosecutor, Assam Mr. S. R. Bhattacharjee, I must not hear this application because it is beyond my jurisdictional competence. His further submission is that the applica­tion is premature. Both these aspects are considered in a recent decision of their Lordships of the Supreme Court in AIR 1983 SC 67, (Delhi Municipality vs. Kishan) and according to me both objections have no merit. It is, however, necessary for me to state briefly the facts leading to this application to show that these objections are futile and also to answer the core question.

3. On 7. 9. 78 the complainant. Area Food Inspector, Tezpur, found one Hanuman Singh "a sales-man and carrier" of M/s B G, Rice and Oil Mills, Narayanpur, selling mustard oil from a truck which was parke

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