MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application in revision by Mahendra Singh, whose conviction and sentence have been upheld by Shri Jain, IV Additional Sessions Judge, Nainital, under Sec. 7 read with Sec. 16 of the Food Adulteration Act.

(2.) THE prosecution case was that on 13-12-1978 at about 10 a. m. Tilakraj, Food Inspector, visited village Tapera, which was in his jurisdiction and he found the applicant Mahendra Singh selling sweat-meats at his shop. Among the sweat- meats was a variety commonly known as 'Patisa'. He suspected it to be adulterated and he gave a notice to the applicant in Form VI and purchased 750 grams of Patisa from the applicant In order to get it examined. He obtained a receipt from Mahendra Singh. THEreafter he divided the sample in three parts, kept it in bottles, which were sealed and one of these bottles was despatched by the Food Inspector to the Public Analyst. THE Food Inspector reported that the sample was coloured by auramine, which was a non-permitted coal tar dye and since such a dye had been used, the sweet-meat prepared was adulterated. THE sanction was then obtained of the Chief Medical Officer, Nainital, and after investigations the applicant was prosecuted and has keen convicted as aforesaid.