SHEO SHANKER Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Sheo Shanker against the judgment and order dated 10-8-1981 of Sri V.P. Mathur, Sessions Judge, Fatehpur, in Criminal Appeal No. 84 of 1981 by means of which he up- held the conviction of the applicant under Sections 7/16, Prevention of Food Adulteration Act.

(2.) Briefly stated, the prosecution case was that the applicant had a Kirana shop and on 10-10-1979 at about 4-45 P.M. the Food Inspector took a sample of Arher Dal from his shop in village Husainganj in the district of Fatehpur. This was divided in three parts and was properly sealed in three clean phials and one of these when sent to the Public Analyst was found to be adulterated because it contained 13.84 per cent insect damaged dal, which was more than the permissible limit. Sanction of the Chief Medical Officer was, therefore, obtained and the applicant prosecuted, resulting in his conviction as aforesaid.

(3.) The dal was found to be damaged by insects. There is no indication in the report of the Public Analyst that it was found insect infested or that any insects were present in this dal. Since the dal had only been damaged by insects earlier, therefore, it was clearly not injurious to health. This case would, therefore, fall under sub-section (m) of Sec. 2 and the dal could not be deemed to have been adulterated, because it was not injurious to health. Dal is properly cleaned and then boiled. Since it was not adulterated in view of Sec. 2(m) of the Act, therefore, the applicant could not be convicted.