BISHAN DASS Vs. STATE

JUDGEMENT

(1.) THIS is an appli­cation under section 482, Cr. P.C. by Bishan Dass who is being prosecution for an offence under section 7/16 of the Prevention of Food Adulteration Act.

(2.) THE facts of the case as they emerge from the complaint and the statement of the Food Inspector filed with this petition are that on 23-1-1976 the Food Inspector of the Nagar Palika was on his usual round when he came to the shop of the petitioner. He found the petitioner selling mustard oil which he suspected was adulterated. He purchased 375 Gramms mustard oil, divided it into three phials, gave one phial to the applicant and sent one other for examination to the Public Analyst. The third phial was retained by him. The report of the Public Analyst disclosed that the sample to him contains a small proportion of Til oil. On the basis of this material, the applicant is being prosecuted for the offence mentioned above. The state­ment of the Food Inspector was recorded and a charge has been framed against the applicant by the 1st Class Magistrate Mainpuri on 8-3-1975. Aggrieved thereby, the present petition has been filed.

(3.) THE applicant's counsel has submitted that in view of section 2 (c) of the Prevention of Food Adulteration Act, no offence has been committed by him. On the other hand the respon­dent's counsel submits that the case is covered by section 2 (a) of the said Act. I have carefully considered the respec­tive submissions made by both the parties. Section 2 (a) of the Act runs as follows :-