KAILASH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision was filed by the applicant against his conviction by the trial Court under Ss. 7/16 of the Prevention of Food Adulteration Act and consequent sentence of 6 months' R.I. and a fine of Rs. 1,000.00. The applicant was convicted by the trial Court for the violation of Rule 37 of the Act because the quantum of salt found by the Public Analyst was marginally in excess from the quantity shown on the label.

(2.) The facts of the case are that on 3-5-1985 Sri Rameshwar Prasad, Food Inspector, had taken samples of Sabji Masala packets at 11.00 a.m. from the shop of the accused named as 'Vikas Traders' in Katra Bazar, Lalitpur. He prepared the requisite form and receipt after paying the price of the sample. These papers were signed by the accused. Nine packets were taken. Three different sets of samples were prepared, one of which was sent to the Public Analyst. The report of the Public Analyst shows that the salt contained in the sample was found to be 6.1% as against 5% shown on the label. The prosecution in support of its case has examined four witnesses, viz. P.W. 1 Rameshwar Prasad, P.W. 2 V. P. Verma, Food Inspector who had submitted the report for obtaining sanction, P.W. 3 Sujat Khan Supervisor, who accompanied the Food Inspector at the time of taking the sample, and P.W. 4 D. P. Babele, a clerk in the office of the Chief Medical Officer, Lalitpur, who has proved that the documents were dispatched from his office. He has proved that the papers received by him were produced before the C.M.O., who granted sanction after their perusal.

(3.) The applicant has denied the allegations levelled against him and stated that 9 packets of Sabji Masala was taken from him by the Food Inspector. The Food Inspector had told him that the company manufacturing these packets would be challaned. On this assurance he signed the document, as desired by the Food Inspector. He has also examined his brother Mahendra Kumar as D.W. 1. Mahendra Kumar has stated that he runs a shop of Mewa, Masala, etc. Sabji Masala in dispute was sold by him to his brother, who is running a shop of Gur, Shakkar, tea etc. He has also filed both the licences. The licence pertaining to the applicant is dated 16-2-1982. He has also proved the cash memo issued by him to his brother, the accused-applicant, to show that the accused had purchased 12 packets of Sabji Masala from his shop. These circumstances show that the accused was a mere consumer of Sabji Masala and not a vendor of the same. The cash memo is Ext. Kha-1 on the record. He further stated that Sabji Masala sold by him was purchased from M/s. Vikas Traders, Ghaziabad, and thereby he had claimed the benefit of S. 19(2) of the Prevention of Food Adulteration Act.