NASIM Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision against the judgment and order of the learned 1st Additional District and Sessions Judge, Saharanpur dismissing an appeal of the applicant Nasim and affirming his conviction for an offence under section 7 (i)/16 of the Prevention of Food Adulteration Act and sentencing him to one year's rigorous imprisonment and a fine of Rs. 1500/-, in default of payment of fine to undergo further rigorous imprisonment for 6 months.

(2.) ON 26th of April 1978 S. S. Negi, (Chief Medical Inspector inspected the shop of the applicant at 1 P. M. and after giving a notice in Form VI He purchased 600 grams of haldi after paying Rs. 6/- to him. The sample was divided into three parts, one of which was sent to the Public Analyst. The Public Analyst reported that the sample was adulterated in as much as it contained an unpermitted coaltar dye namely metanil yellow and was also mixed with foreign flour. After obtaining a sanction from the local health authority a complaint was made against the applicant. ON the application of the applicant another part of the sample of the haldi was sent to the Director, Central Food Laboratory for analysis. The Director, Central Food Laboratory reported that it contained starch and yellow and orange colour oil soluble coaltar dye and was, therefore, adulterated. The learned Magistrate framed a charge against the applicant in which reference was made to both the reports of Public Analyst and the Director, Central Food Laboratory. The charge was as follows :-