CHUNNI LAL Vs. STATE

JUDGEMENT

(1.) THE applicant Chunni Lal has been convicted for the offence punishable under Sections 7/16 of the Prevention of Food Adulteration Act, the sentence being rigorous imprisonment for six months and fine in a sum of Rs. 1,000/ -.

(2.) THE prosecution case, which, in the opinion of the courts below, stood established, was that on the morning of 26th September, 1969, the applicant sold Baloosahi in a fair held within the jurisdiction of Police Station Sikandra in the district of Kanpur, which, on analysis by the Public Analyst, was found Coloured with a coal-tar dye not permitted for use in articles of food meant for human consumption.

(3.) THE principal contention raised before me is that in the present case the prosecution failed to establish the necessary consent for prosecution of the applicant as required by Section 20 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act ). After hearing learned Counsel for the parties at some length and scrutinising the material on record I am inclined to accept this contention.