BASANTU Vs. STATE OF U P

JUDGEMENT

(1.) BASANTU, son of Ram Pati aged 40 years, resident of Lalganj, Police Station Deogaon Bazar, district Azamgarh has filed this appeal against his conviction under Sec. 7 (v) read with Sec. 16(1)(a)(ii) of Prevention of Food Adulteration Act by Sri B. K. Rathi, learned Vth Addi. Sessions Judge, Azamgarh on 13-10-'77 in Sessions Trial No. 543 of 1976. Appellant was sentenced to undergo one year RI and a fine of Rs. 1000/- was further imposed upon him ; in default he was to undergo three months RI ; he was further convicted under the same provisions for exposing for sale Kasri Dal (lathyrous Sativus) and sentenced to two years RI and a fine of Rs. 2000/- in default, he was to undergo three months RI.

(2.) APPELLANT is a grocer in Lalganj. On 4-12-1975 in connection with special drive Sri Jagamba Prasad Singh, Food Inspector (PW I) posted in Palahani block in Azamgarh District under order of Dy.CMO(H) raided shop of appellant on that date at 2.00 P.M. alongwith a Sub-Inspector of Police Sri Achaybar Misra (PW 2). APPELLANT was found exposing for sale various food stuffs. Food Inspector disclosed his identity and served notice form No. 6 (Ex. Ka. 1) on appellant; he purchased 750 gms. Arhar Ki Dal for Rs. 1.70 P. 600 gms. Matar Ka Besan for Rs. 1.30 P. and 450 gms. Haldi. He obtained separate receipts for payment of price of these articles vide Ext. Ka. 4 to Ka. 6. Each items of aforesaid articles was devided into three equal portions and such part was filled in phial. Labels were affixed on each phial on which necessary endorsement were made and signatures of appellant on each label were procured. Each phial was sealed. One sample phial of each item was made over to appellant regarding which Food Inspector prepared separate memos Exts. Ka. 7 to Ka 9. Four copies of memorandum in respect of each item were prepared ; each memorandum was impressed with the sample seal vide Exts. Ka. 10 to Ka. 12.

(3.) SAMPLE of Haldi was found coloured with lead chromate use of which was prohibited. Thus, all the three samples were found adulterated. Food Inspector was directed to launch prosecution against appellant by Dy.CMO(H) vide orders Exts. Ka. 13 to Ka. 15.