SAYYED YASIN Vs. KIRKEE CANTONMENT BOARD

JUDGEMENT

(1.) THIS is an application for revision against the Appellate Judgment delivered by the Additional Sessions Judge, Poona, confirming the conviction and sentence of the petitioner imposed by the Judicial Magistrate, First Class, Kirkee, under section 7(i) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter called as the "Act").

(2.) THE accused-petitioner is a hawker dealing in sale of Tur Dal in Kirkee Cantonment area. On 8th August, 1972 at about 10 a.m. he had kept his hand cart near Range Hill, Kirkee, and was selling articles including Tur Dal. At that lime, the Food Inspector Datar of Kirkee Cantonment Board (purchased 550 grains of Tur Dal for Rs. 1.05. Necessary formalities were completed. THE Tur Dal was divided in three parts and the packets were sealed as prescribed by the Act. One packet was given to the petitioner and the other was sent to the Public Analyst for analysis and report. THE Public Analyst found, on analysis, that it contained non-permitted coaltar dye, viz. metanil yellow. THE Tur Dal was, therefore, adulterated under section 2(i)(j) of the Act. After completing the formalities, the prosecution was launched against the petitioner.

(3.) THE submission of Shri Ketkar is well founded and deserves to be accepted.