RAJENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order of the Indore Bench of the Madhya Pradesh High Court rendered in Criminal Appeal No. 102 of 1984.

(2.) The facts are few and simple. The first appellant Rajendra, on 30th June, 1982, while running a shop under the name and style of M/ s. Kumarvad Bros. In Khargaen Municipality, was found exhibiting and offering for sale tea dust, the quantity of which was about 1 1/2 kgs. D. P. Nath, P.W. 1, the Food Inspector for Khargaon purchased tea dust in the requisite quantity for test. The purchased tea was dealt-with in the prescribed manner as per rules on the subject. The purchase and other attendant documents were witnessed by Madan, P.W. 2 and another.

(3.) The Public Analyst, Bhopal, to, whom one of the three samples was sent for analysis opined that the food article fell below the prescribed standard as its contents were present in quantities not within the prescribed limits of variability. The report of the Public Analyst was communicated to the first appellant as well as to his two brOTHERS the second and third appellants, because it appears that at the time of the sale of the tea to the Food Inspector, he was told by the first appellant that the shop being run by him was a partnership concern of three brothers. The accompanying covering letter suggested to the appellants that the Court's intervention could be sought to have one of the samples kept by the Local Health Authority examined one more time. The appellants did not avail of the opportunity and faced the prosecution launched under section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 before the Chief Judicial Magistrate, Khargaon.