PANNA LAL Vs. STATE

JUDGEMENT

(1.) Panna Lal has filed this revision application against the judgment and order, dated 9-7-1979 passed by the VIIth Additional Sessions Judge, Kanpur, dismissing his appeal and confirming his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act and the sentence of six months rigorous imprisonment and a fine of Rs. 1,000.00. In default of payment of fine he was awarded four monthsrigorous imprisonment.

(2.) The prosecution case, in brief, was that on 11-7-1977 Sri S.K. Awasthi, Food Inspector, collected sample of ghee from the shop of the revisionist, situate in Collectorganj, Kanpur. The revisionist carries on business of selling ghee. It was divided into three equal parts and was placed in three bottles in accordance with rules. One phial was sent to the Public Analyst for analysis. He reported that the sample contained moisture of 1.9% and free fatty acid as Oleic acid 4.8%. Hence they were in excess of the maximum prescribed limit of 3% and 3% respectively. After obtaining the requisite permission of the District Medical Officer of Health a complaint under Sec. 7/16 of the said Act was filed against the revisionist.

(3.) The revisionist denied the said charge and gave out that the ghee was not meant for sale because it was fresh and would have been put up for sale after healing it. The Inspector was apprised of the same but he paid no heed. It was also contended that the bottles were washed just then and were not dried nor they were wrapped with black paper. One Hari Ram was examined in defence. It may also be stated that after some time the revisionist had got one more bottle of the sample sent to the Director Central Food Laboratory for examination. It was examined on 6-10-1978 and the Director sent a report to the effect that the sample contained 1.05% moisture and 10.5% free fatty acid. In his opinion also the sample was below standard and hence adulterated.