MUNOO LAL Vs. NAGAR SWASTHYA ADHIKARI

JUDGEMENT

(1.) This revision is directed against an order dated 15.9.1973 passed by passed Sessions Judge Kanpur confirming the conviction and sentence recorded against the applicant under Sec. 7/16, Prevention of Food Adulteration Act.

(2.) The applicant lives in house No. 12/908 Gwal Toli, police station Toli, Kanpur. In his house, he runs a general merchandise shop also. On 15-11-1971, Sri G.C. Gupta, Food Inspector, visited the shop of the applicant and found him selling or exposing for sale Arhar-ki-Dal. He purchased 600 gms. of the same for Rs. 1.08 P. and obtained a receipt for it. The sample of Dal was divided in three equal parts and kept and sealed in three different bottles in accordance with law. He sent one sealed bottle to the Public Analyst for test and report. The Public Analyst found the sample of Dal coloured with a coaltar dye (metalin yellow), the use of which is not permitted in food stuffs. As the Dal in question was found to be adulterated, the applicant was sent up to stand his trial under Sec. 7/16 of the Prevention of Food Adulteration Act.

(3.) The applicant pleaded not guilty and denied to have exposed any Dal for sale when the Food Inspector visited his house. He also denied to have sold any Dal by way of sample to the Food Inspector. According to him, the Food Inspector forcibly took some Dal from him without paying any price. Further, he also denied that the Dal in question was coloured with any prohibited dye.