RAMJI DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The facts of this application in revision are that on 6.8.1966 in the morning at about 8 o'clock Sri Irtiqa Fazli who was the Food Inspector posted in Meerut in that year went to the shop of the applicant and took sample of desi butter which was kept for sale in the shop. According to the statement made by the Food Inspector he had disclosed his identity to the applicant before taking the sample of butter and purchased 240 grams of butter for Rs. 3.00. The Food Inspector then filled the sample of butter taken by him in three empty bottles and duly sealed them in the presence of the applicant and some witnesses. He gave one bottle of the sample along with a copy of the notice Ex. Ka. 1 to the applicant and got it singed by him and the witnesses. The Food Inspector also obtained a receipt for the payment of Rs. 3.00 made by him to the applicant. He sent one of the bottles to the Public Analyst, Lucknow and deposited the third bottle with the Medical Officer of Health, Meerut. The Public Analyst reported that the sample of butter sent to him was adulterated and was not of prescribed standard. Thereupon, the Food Inspector reported the matter to the Medical Officer of Health, Municipal Board, Meerut who ordered a complaint to be filed for the prosecution of the applicant. Accordingly the applicant was sent up for trial for offences under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.

(2.) The applicant in his statement made before the trial court admitted the facts as alleged by the Food Inspector and in the complaint filed with the permission of the Medical Officer of Health, Municipal Board, Meerut, but pleaded that the butter sold by him carried a lable which clearly mentioned that the butter contained not more than 30 per cent of moisture, not less than 66 per cent of ghee and 4 per cent of kasin. The applicant's case further was that this lable was not sent to the Public Analyst and, therefor, the Public Analyst examined the sample without any reference to the lable which admittedly was contained on the packets of the butter which was exposed for sale by the applicant on 5.8.1966.

(3.) In order to prove its case the prosecution examined the Food Inspector Sri Irtiqa Fazli as PWI and in defence the applicant examined Bhagwan Swaroop as DW 1. The Public Analyst Dr. R. S. Srivastava was examined as a court witness u/S. 540 CrPC.