NAGAR MAHAPALIKA OF KANPUR Vs. SRI RAM

JUDGEMENT

(1.) This is an appeal under Section 417 (3) Criminal Procedure Code by the Nagar Mahapalika Kanpur, against the order dated 22-7-1961 of the IVth Additional Sessions Judge, Kanpur, allowing the appeal of Sri Ram, respondent, and acquitting him of the offence punishable under Section 16 of the Prevention of Food Adulteration Act (to be referred hereinafter as the Act) for contravention of Section 7 thereof.

(2.) The facts, in brief, are that on 29-1-1960 the respondent, Sri Ram, was found selling laddoos in Mohalla Ashok Nagar of Kanpur City. The Food Inspector purchased laddoos and prepared three sealed samples thereof, one of which was sent to the Public Analyst for analysis and report, the other was handed over to the respondent and the third was retained in the office of the Medical Officer of Health, Kanpur. The Public Analyst submitted his report (Ex. Ka-4) and expressed the opinion that the sample was coloured with a coal-tar dye, namely, metanil yellow, which was not one of the coal-tar dyes permitted for use in foodstuffs under Rule 28 of the Prevention of Food Adulteration Rules, 1951 (to be referred hereinafter as the Rules). The report of the Public Analyst shall be quoted in full at a later stage while considering whether such a report is admissible in evidence.

(3.) On receipt of the Public Analyst's report the Medical Officer of Health submitted the complaint (Ex. Ka-5) to the Magistrate Ist Class, Kanpur, on the basis of which the respondent was tried and convicted of the above offence. As the respondent had previously been convicted for a similar offence, he was awarded the sentence of one year's R. I. and a fine of Rs. 2000/-, in case of default, another three months' R. I.