Kolkata Court September 1979 Judgments

Jagadish Prasad Garg Vs. the Corporation of Calcutta and anr.

Court: Kolkata

Reported in: 1979CriLJ1303

Sudhindra Mohan Guha, J.1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 in the matter of an order dated 30th April, 1979 passed by Sri S. Seal, learned Metropolitan Magistrate and the Judicial Magistrate, 1st Class in Case No. 122D of 1978 asking the Local (Health) Authority for forwarding the third part of sample kept by them in Court and for sending the same to the Central Food Laboratory for further examination and analysis under the provisions of Section 13(2-C) of the Prevention of Food Adulteration Act and in the matter of the order dated 1st June, 1979 passed by Sri S.K. Dasgupta, learned Metropolitan Magistrate, Calcutta and Judicial Magistrate, 1st Class, rejecting the petition of the petitioner praying that the learned Magistrate had no jurisdiction to exercise power under the proviso to Sub-section (2-C) of Section 13 of the Prevention of Food Adulteration Act, 1954.2. The impugned orders are passed in a case started ...