DEBI DAYAL Vs. S C ROY

JUDGEMENT

(1.) THIS is an application by one Debi Dayal who was being prosecuted under Section 4 (1) read with Section 42, U. P. Pure Food Act for selling adulterated ghee in mohalla Katra Abdul Ghani in the city of Fatehpur on 2-8-1954, for taking proceedings under Contempt of Courts Act.

(2.) THE application has been filed against Sri S. C. Roy, Public Analyst to the Government of the uttar Pradesh, Lucknow.

(3.) THE facts of the case are that the Food Inspector took samples of ghee and kept them in three phials one of which was given to the petitioner and the other two were taken by him. One of these two phials was sent to opposite party Sri S, C. Roy for analysis. A report was submitted by the opposite party that the sample of ghee sent to him was adulterated. Thereafter the petitioner applied for the analysis of the sample that had been left with him. The remaining two bottles, i. e. , one which was with the petitioner and the other which was with the Food Inspector, were sent to the opposite party with a forwarding letter from the District magistrate in which he had mentioned that the prosecution suspected the genuineness of the seal on the phial of the accused and, therefore, the third phial retained by the Food Inspector was also sent for comparison. A request was made to the opposite party to see the seals on both the phials and compare them with the specimen sent along with them.