BASUDEO PRASAD Vs. STATE

JUDGEMENT

(1.) Applicant Basudeo was convicted in Criminal case No. 3134 of 1980 under Sec. 7/16 of the P.F. Act, 1954 (hereinafter referred to as 'the Act's by the V Addl. Munsif Magistrate, Agra, and he was sentenced to 6 months' S.I. together with a fine of Rs. 1000.00. In default of payment of fine, he was required to undergo further 6 months imprisonment. Aggrieved against this conviction and sentence, the applicant preferred criminal appeal No. 155 of 1981 which was dismissed on 10th June, 1982 by the Sessions Judge, Agra. The present revision is the outcome of the aforesaid conviction and sentence which was admitted by this Court on 11.6.1982 on the question of sentence.

(2.) Sri A.B. Saran Senior Advocate, sought for the leave for addressing the court on merit of the matter as it is a case where miscarriage of justice has been done. He pointed out that it is the mandatory requirement of law under subsection (2) of Sec. 13 of the Act that the report of Public Analyst if the food is found to be adulterated after institution of the prosecution has to be supplied to the accused persons informing him that if he desired, may make an application to the court within a period of 10 days from the date of receipt of the copy of the report so to get the sample of the article of food kept by the Local Health Authority analysed by the Central Food Laboratory. He states that in the present case no such report was supplied to the applicant and accordingly he was deprived of his valuable right of getting the report of the Public Analyst analysed by the Central Food Laboratory so to find out whether the report of the Public Analyst was correct or not, and also to absolve himself from the guilt of Sec. 7/16 of the Act. Learned counsel for the applicant was granted leave to address the court on merit.

(3.) Heard learned counsel for the applicant and learned Addl. Public Prosecutor. The brief facts are that on 25.4.80 at about 2.45 P.M. in the town of Janger District Agra, the Sanitary Inspector Kheragarh checked the sweets sold by the applicant at the shop known as Gopal Mishthan Bhandar. The Food Injector purchased 750 grams of Nukti Ka Laddu for Rs. 7.50 which was divided into three equal parts and were kept three separate phials. One of the sealed phials was sent to the Public Analyst and the report of the Public Analyst was obtained which showed that the sample was found coloured with prohibited coaltar dye at amin.