STATE OF U P Vs. RAGHUNANDAN SINGH,

JUDGEMENT

(1.) :- This appeal by the State is directed against an appellate order of the learned Sessions Judge of Kumaun allowing an appeal preferred by the respondent against the order of learned Magistrate first class Tarai Nainital convicting the respondent of an offence under Sec. 16 of the Prevention of Food Adulteration Act XXXVII of 1954 hereinafter to be referred as the Act of 1954 read with Sec. 7 of that act and sentencing him to undergo rigorous imprisonment for a period of six months.

(2.) The respondent held a shop in Tanakpnr and sold sweetmeat. On 16th May 1960 at about mid-day Sri Ziaul Haq Ansari, Food Inspector Fhatima went to the shop of the respondent and purchased 3/4 seers of Besan Laddoos for a sum of Rs. 1-14-0. He divided the laddoos into three equal parts and kept each part in a different phial and sealed the same. One of the phials was handed over to the respondent, the other was retained by the Food Inspector and the third was sent to the Public Analyst who reported that the laddoos were coloured with a coaltar dye known as mentanil yellow. According to Rule 28 of the Rules framed under the Act of 1954 the aforesaid dye was not permitted to be used in food-stuffs. The respondent was accordingly prosecuted and he was convicted and sentenced as indicated above.

(3.) On appeal it was, inter alia, contended that as Public Analyst had himself not analysed the sample sent to him the report submitted by him was not admissible in evidence. That contention found favour with the learned Judge and he acquitted the respondent.