RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This is revision against the judgment of Sri Chandra Bhusahan Shah. 1st Additional Sessions Judge, Faizabad dated April 4, 1981.

(2.) On December 16, 1975 at about 4.30 p. m. Food Inspector Ram Naresh Verma P. W. 1 purchased 300 gms of Pepper Black (Kali Mirch) from the shop of Radha Devi tat which her son Rakesh Kumar, revisionist was sitting and doing the business. P. W. 2 Hemant Kumar was also present at that time. Necessary sampling was done and the procedure laid down by the law was adopted and thereafter the sample was sent for analysis. The Public Analyst reported that the sample contained 13. 1 per cent light berries whereas it should have been 10 per cent and therefore it was adulterated. The accused denied the charge and examined Dabli Prasad D. W. 1 in defence. Radha Devi was acquitted and Rakesh Kumar was sentenced to six months R. I. and a fine of Rs 1000 under Sections 7/16 of the Prevention of Food Adulteration Act. He went up in appeal which was dismissed. Hence the present revision.

(3.) The only point raised before me was that there was no adulteration. A.05-17 of Appendix B of the Prevention of Food Adulteration Rules as below; Pepper Black (Kali Mirch) whole means the dried berries of piper Nigram L brown to black in colour with wrinkled surface. The proportion of extraneous matter including dust, stalks, leafy matter and other foreign matter shall not exceed 30 per cent by weight. The proportion by weight of light berries and pinheads shall not exceed 10.0 per cent and 4.0 per cent respectively. The amount of insect- damaged matter shall not exceed 5 percent by weight. Explanation:-The term Tinsect-damaged matter means spices that are partially or wholly bored by insects.