AVADH BEHARI LAL Vs. STATE

JUDGEMENT

(1.) This is an application under Sec. 482 Crimial P.C.

(2.) The charge framed against the applicant in Case No. 401 of 1974 under Sec. 7/16 of the Prevention of Food Adulteration Act in the Court of Railway Magistrate First Class, Bareilly (Judicial Magistrate First Class), is as follows:-

(3.) It is stated in the application and in the affidavit filed in support of it that only 450 grms of Masoor Sabit was purchased by the Food Inspector from the applicant which was divided into three parts and sealed in three phials, one of which was sent to the Public Analyst for analysis. The Food Inspector admitted in his counter-affidavit that 450 grms of Masoor Sabit were purchased by him from the applicant. The sample which was sent to the Public Analyst therefor only contained 150 grms. of Masoor Sabit where as according to rule 22 of the Prevention of Food Adulteration Rules the approximate quantity required to be sent for analysis to the public analyst is 250 grams. It was observed in the case Rajaldas G. Pamnani Vs. State reported in 1975 (1) FAC 1 as follows:-