JAMUNA Vs. STATE

JUDGEMENT

(1.) The application has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R. I. and a fine of Rs. 500.00. His conviction and sentence has been maintained in appeal by the Addl. District Judge, Varanasi, hence this revision.

(2.) According to prosecution case the Food Inspector had purchased a sample of 'Besan-ke-Laddoo' from the shop of the applicant after paying its price. The sample was divided into three phials. One phial was sent for analysis to the Public Analyst whose report disclosed that it contained a prohibited coaltar dye matenii yellow. After obtaining sanction the applicant has been prosecuted and sentenced, as above.

(3.) Both the courts below on a consideration of evidence on record have held the guilt of the accused fully established. The finding recorded by them is that copy of the report of the Public Analyst and the intimation was forwarded to the accused as required by Sec. 13(2) of the Food Adulteration Act. It has also been observed in the impugned order that the Food Inspector attempted to call the witnesses of the locality, but they did not come. In these circumstances, the courts below have correctly relied upon the testimony of the Food Inspector in recording conviction of the accused. The sentence awarded to the applicant is minimum provided by law. Metanil yellow is a prohibited coaltar dye and its use is prohibited in articles of food as a colouring matter, i find no reason to interfere either on the question of facts or on grounds of sentence.