GYAN CHANDRA Vs. NAGAR SWASTHYA ADHIKARI KANPUR

JUDGEMENT

(1.) . Gyan Chandra has preferred this revision against the judgment and order dated 10-4-1986 of Shri R.C. Pandey, II Additional Sessions Judge, Kanpur Nagar dismissing criminal appeal No. 59M of 1984 against the judgment and order dated 23-2-1984 of Sri K.K. Tyagi, Metropolitan Magistrate (Corporation) Kanpur convicting and sentencing the applicant under Section 7/16 of the Prevention of Food Adulteration Act (for short the Act) to six months' R.I. and a fine of Rs. 1000.

(2.) According to the case of the prosecution a sample of mustard oil was collected from the applicant by Sri K.P. Singh, Food Inspector on 22-4-1982. It was sent for analysis to the public analyst who by his report dated 11-6-1982 found the sample adulterated. This adulteration consisted of the fact that the sample was found positive for the presence of argemone oil. In other respects there was nothing wrong with the mustard oil. According to the report of the public analyst saponification value was 174.4 and the sample was found negative in Polybromides test. According to the prescribed standard the saponification value can be up to the maximum limit of 177. Similarly polybromides test ought to be negative. On the basis of the report of public analyst that the sample was found positive for presence of argemone, the applicant was prosecuted.

(3.) At the trial the applicant gave an application under Section 13(2) of the Act for getting the sample analysed by the Central Food Laboratory. Accordingly the sample was sent to the Central Food Laboratory and the report of Central Food Laboratory was received in Court. According to this report the sample was found negative for the presence of argemone oil. At the same time according to the report of Central Food Laboratory the saponification value was found to be 180.3 and test for polybromides was found to be "trace positive". In view of the report of the Central Food Laboratory the prosecution gave up its case that the sample was adulterated on account of presence of argemone oil. However, the applicant was prosecuted and convicted on the ground that the saponification value was 180.3 as against the prescribed maximum limit of 177 and that the polybromides was found to be "trace positive."