BOOTA SINGH Vs. STATE AND M.C.D.

JUDGEMENT

(1.) The petitioner herein Boota Singh has a grocery shop. On 21st July, 1973 at 4.30 P.M. Madan Mohan Gupta, Food Inspector, took sample of Haldi Powder from Boota Singh for the purposes of analysis on payment of Rs. 3.00 as its price. The Haiti Powder was alleged to be in sealed packets containing the name of the manufacturer as Single Masala Company. The Food Inspector had purchased five sealed packets each containing 100 grams of Haldi Powder. According to Food Inspector he took 450 grams of Haldi Powder and returned the balance of 50 grams to the vendor Boota Singh. The Food Inspector prepared the inventory Ex. PC regarding the above seizure of the article of food. A part of the sample was sent to the Public Analyst who on analysis found the sample to be adulterated due to the presence of 20% of foreign matter of rice starches and artificial coal tar dye. Ex. PE is the report of the Public Analyst.

(2.) On the receipt of the report of the Public Analyst the Food Inspector submitted a preliminary report Ex. PF dated 24th Nov., 1973 to the Health Department for prosecution of the vendor Boota Singh. On 12th Dec., 1973 a complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act (hereinafter called 'the Act') was filed in the Court.

(3.) During the trial the accused took the plea that he had purchased the Haldi Powder contained in sealed wrappers from the Singal Masala Company owned by Lachi Ram vide cash memo No. 401 dated 14th July, 1973 along with a warranty in the required form and, therefore, he was protected under section 19(2) of the Act. The Magistrate on the evidence produced before him felt satisfied that Lachi Ram, the manufacturer of the sample in question, is also concerned with the offence and he was joined as an accused under section 20A of the Act, and thereafter the trial commenced afresh.