BHAGWAN DAS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R.I. and a fine of Rs. 1,000. His conviction and sentence have been maintained in appeal by the Sessions Judge, Bijnor. Hence this revision.

(2.) According to the prosecution case the Food Inspector Sri G.C. Gupta, purchased a sample of milk from the shop of Babu Khan on 28-2-1977 at 9.15 a.m. in accordance with the provisions of law. One of the sample phials was sent for analysis to the Public Analyst, who reported that it was deficient in fat contents by 3 per cent. After obtaining sanction the applicant was prosecuted and convicted as above.

(3.) I have heard counsel for the applicant and have also perused the impugned orders. I have very carefully scrutinised the documents on record. The applicants counsel has argued that the report of the Public Analyst was not before the sanctioning authority on the date when sanction was accorded for his prosecution. He, therefore, submits that the sanctioning authority has not applied his mind to the facts of the case. Therefore, the sanction is invalid. From a perusal of the evidence on the record, it is clear that the report of the Public Analyst is dated 15-11-1977. It was sent to the office of the Chief Medical Officer of Health, Bijnor. It was received by the Food Inspector from the office of the Chief Medical Officer of Health on 15th Dec., 1977. He found that there was discrepancy in the parentage of the accused, with the result that he returned the report to the Public Analyst for correction. On 28th March, 1978 the corrected report was again received back in the Office of the Chief Medical Officer of Health. In the meantime it appears that on 18th Dec., 1977 the Food Inspector had applied to the Chief Medical Officer of Health, Bijnor for granting sanction vide Ex. Ka-5. Sanction was accorded on 23rd March, 1978 vide Ex. Ka-6. Complaint was filed on 30th March, 1978 and a copy of the report of the Public Analyst was sent to the accused-applicant on 4-4-1978.