MITHA LAL Vs. STATE

JUDGEMENT

(1.) Mitha Lal has filed this appeal against the judgment and order dated 27-4-1977 passed by the Second Additional Sessions Judge Azamgarh, convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to four years R.I. and to a fine of Rs. 1000.00. In default of payment of fine he was sentenced to six months further R.I.

(2.) The prosecution case in brief was that the appellant carries on a grocers shop in Bilariaganj and among other articles sells linseed oil. On 3-12-1975 at 5.15 p.m. Riaz Ahmed (P.W.2) who was the Food Inspector visited his shop in the presence of Fakhre Alam, head-constable. After disclosing his identity he purchased a sample of 375 grams of linseed oil and kept it in three clean containers in equal quantity. They were properly sealed and one of them was sent to the Public Analyst for analysis. He reported that it contained 31 9% linseed oil and 68.1% mustard oil and as such was adulterated as edible linseed oil. After obtaining the requisite sanction of the D.M. O.H. a complaint was filed against the appellant.

(3.) The appellant denied the said charge and gave out that no sample was taken from his shop nor it was kept in clean containers. He also denied that any sealed container was given to him. According to him, the Food Inspector had visited his shop with a police officer and the latter had taken his signatures on certain papers by force. It was further alleged that the Food Inspector did not demand edible linseed oil from him but took nonedible linseed oil.