JAGDISH Vs. STATE

JUDGEMENT

(1.) Jagdish has filed this appeal against the judgment and order dated 8-3-77 passed by the Third Additional Sessions Judge, Azamgarh, convicting him under Sec. 7/16 of the Prevention o f Food Adulteration Act and sentencing him to five years' R.I. and to a fine of Rs. 1000.00 and in default of its payment to six months' further R.l.

(2.) The prosecution case briefly stated is that the appellant runs a grocers shop in village Chakla and deals in mustard oil and linseed oil alongwith other articles. On 23-12-1975 at about 3 p.m. the Food Inspector Nagar Palika, Azamgarh visited the shop of the appellant and demanded edible mustard oil which was being exposed for sale, After giving requisite notice he purchased 45 grams of mustard oil and paid Rs. 2.70 as its price. Its receipt was also obtained. This sample was taken in the presence of Lallman and Chhangur and was divided into three parts which were kept in three phials. One phial was left with the appellant, another was sent to the Public Analyst and the third one was kept in the office of the Nagar Palika. On analysis the Public Analyst reported that the sample contained about 3% linseed oil and was, therefore, adulterated. On receiving this report the Food Inspector obtained requisite sanction from the Deputy Chief Medical Officer, Azamgarh and filed a complaint against the appellant.

(3.) The appellant denied the said charge and gave out that the Food Inspector had no doubt visited his shop and wanted to take sample of mustard oil but he gave out to him that he was not possessed of edible oil. At this the Food Inspector asked him to give the sample of whatever oil possessed by him. He had a container in which the linseed oil was kept. He poured the linseed oil in another container and gave the mustard oil to the Inspector in that container. His signatures were obtained but the oil was not examined in his presence.