MUZAFFAR Vs. STATE OF U P

JUDGEMENT

(1.) MUZAFFAR has filed this appeal against his conviction under section 7/16 (1) (a) of the Prevention of Food Adulteration Act, 1954 and sentence of one year's R. I. and a fine of Rs. 1,000/- recorded by Sri R. P. Singh, III Additional Sessions Judge, Azamgarh by his judgment and order dated 7th September, 1977.

(2.) THE prosecution case is that on 10-12-1975 at about 12.30 P. M. in village Mohammadabad, District Azamgarh, Aswani Kumar Mangal Deo Tewari, Food Inspector PW 1 took sample of Haldi from the appellant who had kept the same at his shop for sale. On being suspect that the Haldi was adulterated, the Food Inspector informed the accused who was present in the shop that he would purchase Haldi as sample for being sent to the Public Analyst U. P. Lucknow for analysis. He, thereafter, purchased 600 grams of Haldi from the accused and paid him Rs. 2.25 paise as its price and obtained a receipt Ext. Ka-1 from the accused. He also took his thumb impression on it. THE Food Inspector divided the sample in three equal parts and each part was filled in three cleaned and dried phials and the phials were sealed and labels were pasted on them. THE thumb impression of the accused was taken on the labels and one of the phials was given to the accused. THE Food Inspector had also prepared four copies of memorandum of Form VII and affixed impression seal on them and two sealed phials and three copies of the memorandum were kept deposited in the office of District Medical Officer, Azamgarh. THE Food Inspector had sent one sealed phial and a copy of the memorandum to the Public Analyst for analysis and a copy of the memorandum with impression seal was also sent separately to the Public Analyst by the Food Inspector. THE Public Analyst by his report No. 39812 dated 12-1-76 opined that the sample of Haldi was coloured with lead chromate, the use of which in colouring Haldi was prohibited.

(3.) HARIHAR Singh PW 2 has corroborated the statement of Aswani Kumar Mangal Deo Tewari PW 1. He had deposed that the sample of Haldi was taken from the appellant in his presence. PW 3 Chandrama Rai is a clerk of the office of C.M.O. Azamgarh. He has stated that one sealed phial alongwith memo was sent to the Public Analyst through a special messenger. He further stated that other articles were received by the Public Analyst on 12-12-1975 and on receipt of the report of the Public Analyst it was given to the Food Inspector on 20-2-1976.