MADAN LAL SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 09.01.2004 passed by Sessions Judge (FTC) Raigarh in Criminal Appeal No.04/2003 affirming the judgment dated 16.12.2003 passed by JMFC, Raigarh in Criminal Case No.214/2002 convicting the accused/applicant under Section 16(1) of the Prevention of Food Adulteration Act, 1954 (for brevity "Act of 1954" ) and sentencing him to undergo RI for six months and pay fine of Rs.1000, plus default stipulation.

(2.) Case of the prosecution in brief is that on 31.12.1989 a sample of "Sunflower Vegetable Oil" was taken by the Food Inspector A. Pasa (PW-1) from Gayatri Traders, Station Road, Raigarh, and after being sealed it was sent to the Public Analyst under postal receipt Ex.P-6. The remaining 2 packets along with seal and impression were handed over to Local Health Authority, Raigarh under acknowledgement Ex. P-10. On 31.7.1989 a notice under Form 6 was sent to the manufacturer WIPRO Ltd., Nariman Point, Mumbai vide Ex.P-11 and to the distributor Haji Tar Mohd. Isha in Form 6 vide Ex.P-12. Reply to the said notice given by Haji Tar Mohd Isha is that he had purchased the sample product from WIPRO Ltd. vide receipt Ex.P-13 dated 15.12.1989. The Public Analyst, Bhopal intimated to the Local Health Authority about the test report vide communication Ex.P-15 and the report of the Public Analyst is Ex.P-16. As the Public Analyst found the sample to be adulterated and not conforming with the standards and norms prescribed under the relevant rules, a complaint was filed before the JMFC, Raigarh by the Food Inspector.

(3.) Learned Magistrate vide its order dated 16.12.2003 found the accused/applicant guilty under Section 16(1) of the Act of 1954 and imposed the sentence on him as referred to above. In appeal also the findings recorded by learned Magistrate have been maintained as a whole vide judgment under challenge in this revision petition dated 09.01.2004. It is relevant to mention here that accused Ramesh was already discharged on 01.08.1991 whereas accused Hajitar Mohammad Isha was though held guilty yet was sentenced till rising of the Court by learned Magistrate.