ANWAR HUSAIN Vs. NAGAR SWASTHYA ADHIKARI AGRA

JUDGEMENT

(1.) K. N. Sinha, J. The present criminal revision has been filed against the judgment and order dated 5-2-1986 passed by Sessions Judge, Agra in Criminal Appeal No. 200 of 1984 confirming the conviction under Section 7/16 of P. F. A. Act and sentence of six months R. I. with a fine of Rs. 1,000/-and recorded by order dated 26-7- 1984 passed by Judicial Magistrate (E. O.) Agra.

(2.) THE brief facts giving rise to this revision are that revisionist Anwar Husain had a shop wherein he was selling mustard oil. Food Inspector Sri J. C. Gupta suspected the adulteration and took sample by paying 4. 50 paise. THE sample of 4. 50 gram of mustard oil was divided in three part. One was sent to Public Analyst, Lucknow in which adulteration was found, hence after obtaining sanction filed the complaint. THE prosecution examined as P. W-1 Food Inspector Sri J. C. Gupta and Sri Indra Prakash, Senitary Superwiser as P. W-2. No independent witness was examined. After recording the statement of accused under Section 313 Cr. P. C. , the judgment of conviction was recorded by the Magistrate.

(3.) THE idea under lying in this provision is that the Food Inspector may not act arbitrarily. THE Prevention of Food Adulteration Act, 1954 made a provision to call one or more person to be present, when such sample is taken and take their signature. THE Legislature felt its necessity and made amendment on 1-3- 1965 for calling of witness and taking of signature. This provision has not been at all followed. THE Magistrate bye-passed it by mentioning that there are no enmity between the Food Inspector and the revisionist.