SANTANA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant is convicted under Section 16 (l) (a) (i) of the Prevention of food Adulteration Act. It is alleged that he sold a sample of 450 grams of Jeera which was found to be adulterated. The sale has been accepted and the courts below relied on the evidence of Public Witness 2, Sanitary Inspector and Public Witness I, a Peon as well as the Food Inspector, Public Witness 4. The High court came to the conclusion that once the sale is proved and the sample is found to be adulterated the conviction should follow.

(2.) Coming to the sentence the High court noted that for adequate and special reasons mentioned in the judgment the sentence of less than 3 months would also be imposed. Having thus observed, the High court however awarded simple sentence of 3 months and to pay a fine of Rs. 500. 00 and in default of payment thereof, to suffer simple imprisonment for a further period of one month. The plea of the appellant had been that he wanted to sell the sample to the Food Inspector after cleaning but the sample was taken by him without cleaning in spite of his request. In any event the fact remains that there was a sale. Therefore, this plea by itself will not be sufficient to reject the prosecution case. Having regard to all the special reasons and also the similar reasons given by the High court the ends of justice would be met if the sentence is reduced to the period already undergone. It is stated that the appellant has already served out about one month. Accordingly the conviction is confirmed and the period of sentence of three months is reduced to the period already undergone. So far as the fine is concerned, it is confirmed. The appeal is disposed of accordingly.