TARA CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the order of Sri B, B. Srivastava, Sessions Judge, Pratapgarh.

(2.) ON 17-5-77 at 10 a. m. Chief Food Inspector, Pratapgarh, V. K. Verma found applicant Tara Chand selling Also Oil in Patti Bazar. He got suspicious and purchased 375 grams of the said oil on payment of Rs. 3.19 as its price. Necessary procedure was adopted. After analysis it was found that the sample contained 39% Tisi Oil and 61% mustard oil and so it was adulterated. PW 1 Chief Food Inspector V. K Verma and PW 2 Rajmani, Safai Jamadar, were examined as eye-witnesses. The accused denied that any sample was taken from his shop or that he has signed various memos. He contended that the Sanitary Inspector wanted regular gratificatiora from him and on his refusal there was exchange of hot words which ultimately ended in his false implication. The learned Magistrate believed the prosecution version and sentenced the accused to one year's R. 1. and a fine of Rs. 3000/- in default to six months further R I. under section 7/16 of the Prevention of Food Adulteration Act. In appeal the sentence was reduced to six months R. I. and a fine of Rs. 500/- and in case of default the accused was to undergo further R. I. for one month. Aggrieved by this order the accused has come up in revision.

(3.) IT was next argued that the accused did not sign the memos Ex. Ka-1, Ka-2 and Ka-3. These three memos bear his signatures. Evidence was led that they were in the hand-writing of the accused. If the accused was challenging the same he could have made request to the Court to send the same to the expert for comparison. So it has been clearly established that these papers bear the signatures of the accused and he appears to be a literate parson. The Food Inspector has stated that he sent all the relevant papers to the Chief Medical Officer who signed the sanction. In the sanction it is mentioned that the Chief Medical Officer applied mind to the relevant record of the case and has come to the conclusion that a prima face case was made out against the accused. So merely because the sanction is typed an inference cannot be made that the Chief Medical Officer blindly signed the sanction with out applving his mind. Reliance was placed on certain statements made by PW 1 V. K.Varma and PW 2 Rajmani as mentioned on page 6 of the judgment of learned Sessions Judge. IT appears that the word "Nahi " (no) has been left out. Such mistake sometimes occur when a question is put in negative form. No other point was pressed before me. I find no illegality in the impugned order.