MUNICIPAL BOARD Vs. DHIAN SINGH

JUDGEMENT

(1.) THIS is an appeal by the Municipal Board of Saharanpur against an acquittal of the respondent from a charge framed for an offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954, (hereafter referred to as 'the Act' ).

(2.) IT was alleged that the respondent Dhian Singh was selling coloured sweets of which a sample was taken on 31-5-1963. The sample was sent to the Public Analyst to the Government of U. P. for analysis. The result of analysis as given in certificate No. 11652 dated 24-6-1963, which was attached to the complaint purporting to be filed by the Food Inspector Municipal Board, Saharanpur, on behalf of the Municipal Board, showed that the sample was coloured with a coaltar dye metanil yellow (colour index No. 138) which is not one of the coaltar dyes permitted for use in food stuffs, under Rule 28 of the Prevention of Food Adulteration Rules, 1955 It was also alleged in the complaint that no change had taken place in the constituents of the sample which could have interfered with the analysis. It was further alleged that the respondent had been convicted previously for an offence punishable under Section 16 read with Section 7 of the Act.

(3.) THE learned Magistrate, who tried the case, examined the prosecution evidence given by Sri Kedar Nath (P. W. 1), the Food Inspector, about the actual purchase of 750 grams of coloured sweets (Batasa) for Rs. 1. 90 Paise by the Food Inspector, for which a receipt (Ex. Ka. 1) was filed. The learned Magistrate did not disbelieve this evidence. The sample taken was shown to have been divided into three portions which were sealed on the spot and one of these parts was given to the accused who signed a receipt for it (Ex. Ka. 2 ). The accused was also informed by means of a notice that file sample will be sent to the Public Analyst for analysis.