NAGAR MAHAPALIKA Vs. PANNA LAL

JUDGEMENT

(1.) THIS appeal by Nagar Mahapalika, Varanasi is directed against an order of D. N. Tripathi, the then City Magistrate, Varanasi, acquitting the respondent Panna Lal, of the offence under Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter to be referred as "the Act".

(2.) THE respondent carried on business in food-grains etc. , in Chateganj Dal Hatta, Varanasi. On 29-4-1961 the Food inspector, Nagar Mahapalika, Varanasi, purchased a sample of Dal Kesari from the shop of the respondent. As required by law, a portion of the sample was sent to the public analyst for examination who reported that the sample contained cent per cent, lathyrus sativus (Kesari) and did not contain added colouring matter. He further opined that lathyrus sativus contained toxic ingredients which rendered the sample of food injurious to health.

(3.) THE respondent pleaded that he sold articles used for human as well as animal consumption and that the Dal Kesari which was in his shop was sold for consumption of animals. In support of that defence, the respondent examined two witnesses, Ganesh Prasad, D. W. 1 and Lakkhi Ram, D. W. 2 both of whom stated that the respondent dealt both in edible articles such as rice, wheat, gram and Jau etc. , and non-edible articles such as Chuni, Kesari Dal and Bhusi etc. It was further stated by them that the non-edible articles mentioned by them in their statements were used for consumption of animals. Relying upon the aforesaid statements the learned Magistrate recorded an order of acquittal. Aggrieved by that order, the Nagar Mahapalika, Varanasi has come up in appeal.