PRABHU DAYAL Vs. STATE

JUDGEMENT

(1.) Parbhudayal has filed this appeal against the judgment and order dated 24-8-1977 passed by the IIIrd Addl. Sessions' Judge, Asamgarh, convicting him under Sec. 7/16 (1) (a) of the Prevention of Food Adulteration Act and sentencing him to two years rigorous imprisonment and a fine of Rs. 2000.00. In default of payment of fine he was awarded six months further imprisonment.

(2.) The prosecution case, in brief was that in Dec. 1975 a Special Drive was conducted in the District of Azamgarh to check adulteration in food articles. Batches of Food Inspectors visited various markets of the District and took samples of articles of food for analysis. In that connection Nath Ji Prasad, Food Inspector, Thekma was deputed to go to Bilariyaganj Bazzar. On 3-12-1975 he went there and visited the kerana shop of the appellant. He found Kesari dal being exposed for sale at his shop. After disclosing his identity the Food Inspector asked him to sell a sample of Kesari dal for analysis 750 Grams of Kesari dal was purchased on payment of price and its necessary documents were prepared. Dal was kept in equal quantity in three phials which were properly sealed. One of them was sent to the Pubic Analyst for examination. On 1-3-1976 the Public Analyst reported that it was 100% Kesari Dal which was injurious to health and was prohibited for human consumption. The sample contained certain poisonous elements also. After obtaining sanction of the Medical Officer of Health prosecution was launched against the appellant. A copy of the Public Analysts report was sent to the appellant by registered post. On these facts the appellant was tried as aforesaid.

(3.) The appellant denied the said charge and gave out that Kesari dal was kept at his shop not for human consumption but as an animal food. According to him it was mentioned on the bag containing Kesari dal that it was meant for cattle.