GANGA BISHUN Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Ganga Bishun against the judgment and order of Sri V.P. Mathur, Sessions Judge, Fatehpur, dated 19-3-1981 by means of which he dismissed Criminal Appeal No. 201 of 1980 and upheld the conviction of the applicant as recorded by Sri B.K. Gupta, Chief Judicial Magistrate, Fatehpur, under Sec. 7/16, Prevention of Food Adulteration Act.

(2.) The prosecution case was that the applicant who is a resident of village ltauli, had gone to Alipur Bazaron 4-10-1978 and hhd opened his shop in the bazar and was selling Kirana goods. At about 12-30 nooa, the Food Inspector visited the shop and found about 28 kg. of Haldi which the applicant was exhibiting for sale. The Food inspector purchased a sample from the applicant but he refused to sign in token of receiving the notice. He also did not take the price of the Haldi offered to him by the Food Inspector and refused to sign the receipt. This sample taken from the applicant was sealed in three separate phials and one of these was sent to the Public Analyst was found to be adulterated, because it was insect-infested to the extent of 68.4 per cent.

(3.) The first point raised by the learned counsel for the applicant was that in this case the provisions of Sec. 10(7), Prevention of Food Adulteration Act were not complied with because the only witnesses examined were P.W. 1 S.K. Awasthi Food Inspector and P.W.2 Ram Saran Sanitary Supervisor, who were of the same department and no independent witness was taken. The Food Inspector, however, stated that he asked those who represented to testify as witnesses but they refused and they also refused to give their names to the Food Inspector. There was thus deficient evidence before the Court to show that the Food Inspector made attempts to get independent witnesses before whom he wanted to draw the sample but the witnesses were not available. The testimony of the witnesses examined was, therefore, sufficient to show that the sample of the Haldi was taken for analysis.