EMPEROR Vs. SULEMAN SHAMJI

JUDGEMENT

(1.) JUDGMENT

(2.) THIS is an application in revision against the conviction of the accused by the Chief Presidency Magistrate under Section 272 of the Indian Penal Code, 1860. The conviction, in my opinion, proceeds on two serious errors. Section 272 provides that whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished as therein mentioned. So that, it is essential to show that an article of food or drink has been adulterated, and that it was intended to sell such article, or that it was known that it would be likely to be sold, as food or drink.

(3.) THE second error is one of procedure. THE Municipal Analyst was not called as a witness. Dr. Divekar put in his report, which is exhibit D, and that was accepted by the learned Chief Presidency Magistrate as evidence. It is not evidence. THE Municipal Analyst, who made the report, should have been called as a witness in order to prove that the contents of the report were true. THE case does not fall within Section 510 of the Criminal Procedure Code, 1898, which provides that any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence. Here the analyst is not an Analyser to Government. He is an analyst to the Municipality, and his report, therefore, does not fall within Section 510 of the Criminal Procedure Code. THErefore, there is no evidence in this case that the article in question contained injurious matter, and was unsafe for human consumption.