SURESH CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for 2 years' R.I. and a fine of Rs. 5000.00 by the Addl. Chief Judicial Magistrate, Ghaziabad. In default of payment of line he is to undergo six months' R.I. His conviction and sentence has been confirmed by the Addl. Sessions Judge, Ghaziabad by his order dated 7th Oct., 1980. Hence this revision.

(2.) According to the prosecution case the Food Inspector went to Gur Nanak Ice Factory, Moradnagar on 5th July, 1975,stand found them manufacturing Ice Candy without any licence. He purchased 600 grams of Ice Candy from the accused on payment of 50 paise. It was divided in three parts and packed and sealed in three separate phials in accordance with the formalities provided by law. One of the sample phials was sent for analysis to the Public Analyst, who found that the sample of Ice Candy was sweetened with saccharin, the use of which was not permitted. He also observed in his report that the sample contained two coaltardyes-one of them being rohdamine B.C.I. No 45170 of 1956, the use of which was not permitted. After obtaining the requisite sanction, the applicant has been prosecuted and convicted as above.

(3.) The sole point on the merit which has been argued by learned counsel for the applicant is that there has been no compliance with the provisions of Sec. 10(7) of the P.F. Act which requires two independent witnesses of the locality to be called by the Food Inspector to witness the taking of the sample.