STATE OF UTTAR PRADESH Vs. BABU LAL

JUDGEMENT

(1.) THIS State appeal has been referred to the Full Bench on a reference made by one of us that the decision of a single Judge of this Court reported in Nagar Mahapalika, Varanasi v. Panna Lal is incorrect and requires reconsideration.

(2.) THE respondent Babu Lal carried on business in foodgrains etc. in Dhammaur in district Sultanpur. On 26-11-1969 D. p. Singh Food Inspector visited Dhammaur market at about 3. 30 P. M. and found the respondent selling and exposing for sale pulses etc. without any licence as required under Rule 50 of the Prevention of Food Adulteration Rules (hereinafter to be referred as the rules), The respondent was found selling Kesari Dal sale of which is prohibited under Rule 44-A of the said rules read with Uttar Pradesh Government Notification No. 1632/xvi-II-1511/61 dated 20-5-1961 The Food Inspector purchased 600 grams of Kesari Dal from the respondent for 60 Paise in the presence of two witnesses, Sri Tung Nath Tewari and Sri Ram Sumer. He divided the sample into three parts as required by law. A notice in Form VI informing the respondent that the sample of Kesari Dal purchased from him was taken as a sample to be sent to the Public Analyst to Govt. of Uttar Pradesh for analysis, was given to him as required Under Section 11 of the Prevention of Food Adulteration Act (herein after to be referred as the Act) and Rule 12 of the rules aforesaid before the witnesses mentioned above. A receipt for the price of Kesari Dal paid to the respondent was obtained from him bearing his signature. One of the samples was delivered to the respondent on the spot and another sample was sent to the Public Analyst for analysis and report. A copy of the memorandum (Form VII) along with the specimen impression of the seal was also sent to the Public Analyst. The third phial of the sample was deposited in the office of the District Medical Officer of Health, Sultan-pur, for being kept in safe custody. The Public Analyst reported that the sample contained 100% Dal Kesari Lathyrus Sativus. He further opined that Lathyrus Sativus contains toxic principles which render the sample injurious for health.

(3.) A complaint was filed by the Food Inspector, Sultanpur under Section 7 (v) and Section 16 (1) (a) of the Act which was forwarded to the Sub-Divisional Magistrate, Sultanpur for necessary action by the Medical Officer of Health, Sultanpur. The respondent was accordingly prosecuted for having committed an offence punishable Under Sections 7/16 of the Act.