GANGA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 5-11-1979 passed by Sessions Judge, Jalaun confirming the conviction and sentence recorded against the applicant in a case under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) The applicant runs a shop in village Semai, District Jalaun. On 19-11-1975 Sri B.L. Bharti, Food Inspector, visited his shop and it appeared to him that Ajwain that had been exposed for sale was adulterated. He, therefore, purchased some Ajwain and paid its price. It was divided in three parts and each part was kept in a phial and each phial was thereafter sealed in accordance with law. One of the phials was sent to the Public Analyst for analysis and report. The Public Analyst found inorganic extraneous matter to the extent of 4.12% and organic extraneous matter to the extent of 7.46% in the sample. According to him, the inorganic extraneous matter and the organic extraneous matter exceeded the permissible limits of 2% and 3% respectively and as such the sample was adulterated, Sri B.L. Bharti, Food Inspector, obtained the necessary sanction for the prosecution of the applicant from the Chief Medical Officer and then filed a complaint against the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act. At the request of the applicant the matter was referred to the Central Food Laboratory at Calcutta and the Director of the Central Food Laboratory found inorganic extraneous matter to the extent of 6.5% and organic extraneous matter to the extent of 11.3% in the sample. As such he also found the sample to be adulterated.

(3.) The applicant pleaded not guilty and claimed to be tried.