STATE OF U.P. Vs. MANGALI PRASAD SAHU

JUDGEMENT

(1.) This appeal has been filed by State of U.P. against order dated 25-7-1977 by Sri K.N. Dwivedi learned Chief Judicial Magistrate Hameerpur in Case No. 302 of 74 under Sec. 16 (a)(ii) read with Sec. 7(v) of Prevention of Food Adulteration Act and sentence of fine of Rs. 100.00 only. In default of payment of fine, the respondent was ordered to undergo rigorous imprisonment for three months.

(2.) Prosecution story briefly stated is that on 15-12-1973 at about 3:00 p m. the respondent was found exposing for sale turmeric powder without any 'licence by Sri Jagdish Prasad Swarankar Food Inspector (P.W. 1) at his shop in Hameerpur City Rohania Street. Notice form No. 6 Ex. Ka-1 was served on the respondent by Food Inspector which was duly signed by the respondent. Food Inspector purchased nine packets of turmeric powder from the respondent for a sum of Rs. 3.96p price of which was paid in cash to him in presence of witnesses Mool Chand. Sanitary Supervisor Ram Bilas and Jhandu Lal vide Ex. ka. 2 : sample was divided in three equal portions in accordance with rules and one sample was sent to the Public Analyst for report vide Ex. ka. 5 one sample was made over to the respondent, one sample was deposited in the office of District Medical Officer of Health. Report of Public Analyst Ex. ka. 6 dated 12-2-1974 disclosed that sample was coloured with lead chromate use of which was not permitted.

(3.) On receipt of this report the respondent was informed and necessary sanction for prosecution Ex. ka. 7 was procured from District Medical Officer of Health.