LALLAN Vs. STATE

JUDGEMENT

(1.) Lallan, convict-appellant, has preferred this appeal against the judgment and order of Shri Bhagwant Prasad, IVth Additional Sessions Judge, Azamgarh dated 2-12-1978 convicting and sentencing the appellant in Sessions Trial No.295 of 1976 (state v. Lallan) under S.16(i)(a-i) read with S.7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) to six months rigorous imprisonment and a fine of Rs. 1000/-. In default of payment of fine to further three months regorous imprisonment.

(2.) The prosecution case is that on 6-12-1975 at 3.45 P.M. Pyare Lal, Sanitary Supervisor P.W.1, Shri Nath Sahai, Food Inspector P.W.2, of Lalganj area checked the shop of Lallan appellant. He ran a grocery shop and dealt in oil, spices, rice, pulses, biscuits, lemon-choos and other such materials. Sri Nath Sahai, Food Inspector P.W.2 purchased from the appellant samples of various articles including lemon-choos, which is the subject matter of the present case. This he had done after formally introducing himself to the appellant and expressing his desire to purchase the necessary samples for submitting for analysis to the public Analyst. Sample of 600 grams of lemon-choos was purchased on payment of Rs. 3-60, about which receipt Ext. Ka-I was prepared. The notice in Form No.VI, Ext. Ka- II was served on the appellant. Both these documents were signed by the appellant. All this was done in the presence of a number of persons who had assembled there at that time. However, none had agreed to sign the documents as a witness. The sample of the lemon-choos was divided in three equal parts and sealed in three phials. One of the said phials was handed over to the appellants. All this was evidenced in the memo Ext. Ka-III which was signed by the appellant. One of the samples was sent to the public Analyst, who submitted his report dt. 5-1-1976 which was received by the District Medical Officer, (Health) Azamgarh on 15-1-1976 per endorsement on the said report whereby he directed the Food Inspector, Lalganj to launch prosecution at once. According to his report the sample of lemon-choos in question was coloured with three unpermitted coal tar dyes, namely, Auramine, BhodamineB and Malachita Green (C.I. No.41000, 45170 and 42000 respectively of 1956). In this way the sample was adulterated.

(3.) The Food Inspector P.W.2 received the said report of the Public Analyst on 28-1-1976. He sent its copy to the appellant under registered cover on 31-1-1976, vide its postal receipt Ext.Ka-7. It was sent with a covering letter Ext.Ka-8.