MOHD. SABIR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Mohammad Sabir against his conviction under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act recorded by the 4th Additional Sessions Judge, Azamgarh. and sentence of five years' rigorous imprisonment and a fine of Rs. 2000.00 in Sessions Trial No. 312 of 1976.

(2.) The relevant facts not controverted in this court are that the appellant was the owner of a hotel or restaurant in the Town of Mau, district Azamgarh. The District Medical Officer of Health conducted a raid of hotels and restaurants situate in the town on the 10th of Dec., 1975 through the Food Inspectors under him one of them was P.W. I Gulam Abbas. Gulam Abbas was directed to go to the hotel of the appellant and take sample of the various articles of food he may find in the hotel. Gulam Abbas found Paris being prepared in oil on an oven. The appellant disclosed that it was mustard oil. Gulam Abbas as Food Inspector took sample of the said oil according to law. One of the three parts of the simple was sent to the Public Analyst who found the same to be adulterated as it contained 24% of linseed oil. On these findings the appellant has been convicted and sentenced.

(3.) It was contended on behalf of the appellant that the conviction and sentences passed against the appellant must be set aside as Gulam Abbas was not a Food Inspector of Mau Town and, therefore, he could not have acted as such or take the sample. Gulam Abbas in his statement admitted that he was a Food Inspector of Sathiyao Block and not of Mau Municipality for which there were other Food Inspectors. It was pointed out that the District Medical Officer of Health had no authority to enlarge the jurisdiction of the Food Inspector to cover Mau Municipality. In support of this contention the attention of this court was drawn to the observations made by this Court in Hira Lal Vs. State of U.P. 1981 (II) FAC 33 and also in Sawal Ram Vs. State, 1980 (I) FAC 448. The said rulings are almost on all fours with the facts of this case.