STATE OF U.P. Vs. MEHBOOB

JUDGEMENT

(1.) This is a State appeal and it is directed against the order of acquittal passed in favour of the accused-respondent by Judicial Magistrate, Pratapgarh.

(2.) The prosecution case is that on 25-6-1976 at about 5.30 p.m. the accused was found selling Haldi at his temporary shop situate in Gandh. Bazar Baniganj, Pratapgarh, by the Food Inspector Shri Virendra Singhi The Food Inspector suspected that this Haldi was infested with insects and was also coloured. Consequently he purchased 450 grams of Haldi from the accused-respondent and paid its price Rs. 1.62 paise. He obtained a receipt (Ext. Ka. 1) and prepared the form Ext. Ka-2 both of which were signed by the accused. Thereafter the Haldi was divided into three parts and each of the parts was put in a dry phial to which seal was appended and the phials were properly stoppered. Thereafter one phila was sent to the Public Analyst for report. The report of the Public Analyst dated 30-7-1976 was that the Haldi had living insects and it was 100 per cent infested with insects. On receipt of this report, papers were sent to the Chief Medical Officer Pratapgarh, who accorded sanction vide Ext. Ka-3 and thereafter a complaint (Ext. Ka-4) was moved on the basis of which the Magistrate took cognizance and asked the accused to stand his trial under S. 7/16 of the Prevention of Food Adulteration Act.

(3.) The defence of the accused was complete denial. His case was that he was a customer and had purchased the Haldi from another shop in connection with Mundan ceremony at his house.