LAWS(ALL)-1981-9-78

MAHESH Vs. STATE

Decided On September 16, 1981
MAHESH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Mahesh has filed this appeal against the judgment of V Additional Sessions Judge, Azamgarh dated 15-10-1977 passed in S.T. No. 517 of 1976 convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentencing him to six months' R.I. and a fine of Rs. 1000.00. In default of payment of fine he was ordered to undergo two months' R.I.

(2.) The case of the prosecution is that Surendra Singh (P.W. 1) Food Inspector purchased 375 gms. of mustard oil for Rs. 2.40 p. from the shop of the appellant in Mehnajpur Bazar on 6-12-1975 at about 3 P.M. The mustard oil was divided in three equal parts in three phials. One of the phials was sent to the Public Analyst and the report of the Public Analyst shows that it contained 17% of linseed oil. The mustard oil was thus adulterated.

(3.) The prosecution examined two witnesses to connect the appellant with the crime, namely, Surendra Singh Food Inspector (P.W. 1) and Mohan Ram Head Constable (P.W. 2).