THUDI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This is an application in revision by Tudi against the judgment and order dated 19.8.81 of Sri B.K. Rathi, VI Additional Sessions Judge, Deoria, by means of which he allowed Criminal Appeal No, j 96 of 1981 and maintained the conviction and sentence of the Applicant under Sec. 7/16 of Prevention of Food Adulteration Act.

(2.) Briefly stated the prosecution case was that on 4. 11. 1979 at about 10 a. m. Ramdeo Singh, who was Food Inspector, visited the grocers shop of the applicant and, after giving the notice in Form VI, took sample of Haldi. This sample was divided in three parts and sealed. One of these samples when sent to the Public Analyst, was found coloured with lead chromate, which was a prohibited colour material. The Haldi was, therefore, found adulterated and after sanction obtained from the Chief Medical Officer, the applicant was prosecuted and has been convicted as aforesaid.

(3.) The first point raised by the learned counsel for the applicant was that in this case Sec. 10 (7) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) was not complied with because no witnesses were taken at the time when the sample was drawn. Form VI, however, shows that besides the Food Inspector, P. W. 2 Raj Bali was also present and signed the notice given in this form. Raj Bali himself however, denied that any sample was taken from the applicant in his presence and he also stated that his signatures on Form VI were forged and he did not sign this Form. The accused further stated that there were other several persons present; but none of them agreed to testify as a witness. From all this evidence, therefore, it would follow that P.W. 2 Raj Bali was the only witness taken, but he denied that any sample was drawn in his presence or that he signed the notice in Form VI. In order to ascertain whether P. W. 2 Raj Bali was really present and signed F the notice in Form VI expert testmony should have been obtained in respect [ of his signature to say whether he signed the notice in Form VI or not.