RAM SEWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant was prosecuted for committing an offence u/s 7/16 of the Prevention of Food Adulteration Act.

(2.) According to the prosecution, Food Inspector on 26-12-74 found the applicant selling and exposing for sale, along with other articles, Haldi as well. 450 Grams of Khari Haldi was purchased by the Food Inspector in the presence of the witnesses and the same was sent to the Public Analyst. The Public Analyst reported that the Haldi was 71.04% insect infested. The concerned Chief Medical Officer gave his consent for prosecution. The Magistrate found the case of the prosecution to be proved and convicted the applicant u/s 7/16 of the Prevention of Food Adulteration Act, and sentenced him to six months R.L and a fine of Rs. 1,000.00. An appeal was thereafter preferred which has been decided by the Second Additional Sessions Judge, Etawah, who dismissed the appeal.

(3.) In the present revision the learned counsel for the applicant urged that the sanction granted by the District Medical Officer of Health, Etawah was mechanical and was not after applying his mind. I have myself seen Exhibit Ka. 6, the sanction and also Exhibit Ka 4, the Public Analyst's report. It is apparent from these two documents that the District Medical Officer of Health before granting the sanction had seen the report of the Public Analyst and had also filled in the particulars before granting the sanction. In my opinion, it is thus not a case where it could be said that there has been no application of mind before granting the sanction. The learned counsel in this connection placed reliance on a case reported in Bhagwan Dass Vs. State of U.P., 1979 (I) FAC 48 . In the aforesaid case, on the basis of the documents of sanction the Court came to the conclusion that there was no application of mind. However, as stated above, in the present case there is clear evidence to show that the District Medical Officer of Health had seen the report of the Analyst and had applied his mind. The case cited has thus no application.