RAM BILAS Vs. STATE

JUDGEMENT

(1.) Ram Bilas has filed this appeal against the judgment of III Additional Sessions Judge, Azamgarh dated.16-1-1978 passed in S. T. No. 286 of 1976, convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to imprisonment till the rising of the Court and a Fine of Rs.2,000.00. In default of payment of fine, he was ordered to undergo six months R I.

(2.) The case of the prosecution is that Mohan Lal Gupta (P. W. 2) Food Inspector of Rani Ki Sarai, purchased 750 Gms. of Dal Arhar from the shop of the appellant in Mohammadabad Gohna market for Rs. 1.80 P. and obtained the signature of the appellant on receipt Ext. Ka-1. He thereafter prepared a notice in form 6 in duplicate and gave a copy of it to the appellant after obtaining his signature on its duplicate copy Ext. Ka-2. He divided the Dal in three equal parts and sealed them in three phials. He gave one of the sealed phials to the appellant and another sealed phial was sent to the Public Analyst for analysis. The report of the Public Analyst shows that the sample of the Dal was coloured with dye the use of which was prohibited. The sample of Dal was thus adulterated.

(3.) The prosecution examined three witnesses to connect the appellant with the crime, namely Ramraj (P.W. 1) Mohan Lal Gupta (P.W. 2) and Chandrama Rai (P.W. 3).