VIDYA RAM Vs. STATE

JUDGEMENT

(1.) This revision has been filed by Vidya Ram against the order of the Second Additional Sessions Judge of Kumaun dated 23rd Jan., 1973, dismissing the appeal filed by him against the judgment of the Additional S.D.M. Baramandal, Almora dated 31-3-1971. By the aforesaid judgment, the Additional S.D.M. convicted the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced him to undergo one year's R.I. and also to pay a fine of Rs. 2,000.00.

(2.) The facts of the case, as may be briefly stated, are that Vidya Ram applicant is a Halwai. He was running a shop at Utrayani fair in Jan., 1970. On 15th Jan., 1970, Krishna Chandra Pant who was the Food Inspector posted at Bageshwar fair took a sample of Pera which was being sold by the applicant and divided the same into three equal parts. One of the sample was sent to the Public Analyst who reported that the Pera was coloured with one of the coal-tar-dyes, the use of which was not permitted and that the milk fat contents were also deficient.

(3.) The applicant pleaded not guilty and denied that the Food Inspector had taken any sample from his shop on 15th Jan., 1970. Pie also denied the signatures on Exts. Ka-1 and Ka-2 which were allegedly obtained by the Food Inspector on 15 Jan., 1970 after taking the sample from the applicant. One of these exhibits was a receipt in token of the payment of money for the purchase of Pera. The other was a receipt showing that a sample had been obtained by the Food Inspector from the applicant.