KEWAL RAM Vs. STATE

JUDGEMENT

(1.) Kewal Ram has filed this appeal against the judgment and order dated 31-10-1977 passed by the Vth Addl. Sessions Judge Azamgarh, convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to six months rigorous imprisonment and to a fine of Rs. 1000.00. In default of payment of fine he was sentenced to two months further rigorous imprisonment.

(2.) In brief the facts are that a special anti-adulteration drive was organised by Dr. P.B. Ghosh, Dy. Chief Medical Officer (Health), Azamgarh on 10-12-1975. In that drive Mohan Lal, Food Inspector (P.W.2) was sent to Mohamadabad town to take samples. He reached the shop of the appellant at about 1. P.M. and found him at his kirana shop on which he was exposing for sale various spices including Zeera and mustard oil. The Food Inspector purchased 450 gms. of Zeera for Rs. 5.6 and obtained a receipt of the price of Zeera from the appellant. It is Ext. Ka. 1, which is duly signed by the appellant. The sample of mustard oil was also taken from the appellant's shop, after giving its notice to him. The samples of Zeera and mustard oil were sent to the Public Analyst who found that mustard oil conformed to the prescribed standard while Zeera was adulterated. After obtaining requisite sanction a complaint was filed against the appellant.

(3.) The appellant denied the said charge and gave out that the sample of oil was purchased from his shop and his signatures were obtained on various papers in that connection. No sample of Zeera was purchased from him. According to him when the sample of oil conformed to the prescribed standard the Food Inspector added Zeera in the papers in order to get him falsely implicated.