SAMBAJI ABAJI PATHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner in this petition challenges the order passed in appeal by the Additional Sessions Judge, Poona, confirming the order of conviction and sentence passed against the petitioner by the trial Court for an offence under Section 16 (1) (a) (i) read with Section 7 (i) of the Prevention of Food Adulteration Act, 1954.

(2.) THE petitioner is a grocery merchant carrying on business at Shop No. 1501, New Bazar, Khadki-a suburb of Poona. On May 21, 1971, respondent No. 2 B. R. Dharmadhikari, who is the Food Inspector in the employ of the Municipal Corporation of Poona, visited this shop and purchased 450 grams of tur dal which was kept for sale in the shop. He gave the accused to understand that he had purchased that sample for being sent to Public Analyst for examination. Thereafter following the usual procedure of dividing the sample in three equal parts and keeping each sample in a dry sealed packet, one of the packets was handed over to the accused, one was retained by the Inspector and the third was sent to Public Analyst who on examination reported that the sample which obviously weighed 150 grams contained coal tar dye viz. Yellow Tartrazine and, therefore, it contravened the provisions of Rule 29 of the Prevention of Food Adulteration Rules which prohibit the use of coal tar dye in food stuff. The accused was, therefore, prosecuted for committing an offence under Section 7 (i) read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, inasmuch as the article of food viz. tur dal which he sold was found to be adulterated.

(3.) IT appears that at the trial at the instance of the accused, the sample which was given to him was also sent to the Director of Central Food Laboratory at Calcutta who also certified vide Exh. 26 that that sample also contained coal tar dye, namely, tartrazine. Accepting the evidence of the prosecution, therefore, the trial Court convicted the petitioner of the aforesaid charge and sentenced him to suffer R. I. for six months and to pay a fine of Rs. 2000/-, in default of payment of fine he was further directed to suffer R. I. for two months. The appellate Court also confirmed the order of conviction and sentence. Hence this petition.