JUDGMENT

S. Malik, J. - This is an application in revision by accused Netrapal against the order dated December 21, 1967 passed by Shri S. Prasad, Magistrate 1st Class, Agra, rejecting his application under sub-section (2) of Section 13 of the Prevention of Food Adulteration Act (henceforth referred to as the Act) praying that the sample retained by the Food Inspector under the provisions of Section 11 (c) (iii) be sent to the Director of the Central Food Laboratory for a certificate. The applicant went up in revision before the learned Sessions Judge who rejected the same by his order dated January 10, 1968 as the learned Sessions Judge was of the opinion that no legal question was involved in the case. Thereafter the applicant has come up to this Court.

2. It is urged that the order dated December 21, 1967 passed by the learned Magistrate was illegal as he was bound to grant the application in accordance with the provisions of sub-section (2) of Section 13 of the Act. The sub-section lays down:-

"After the institution of a prosecution under this Act the accused vendor ...... may, on payment of the prescribed fee. make an application to the Court for sending the part of the sample