MUNICIPAL CORPORATION KHANDWA Vs. NARSINGH DAS

JUDGEMENT

(1.) Municipal Corporation, Khandwa, has preferred the present appeal against the judgment acquitting the accused-respondent. Leave to appeal was granted by this Court on 20-7-1999, hence this appeal has come up for decision.

(2.) Prosecution case in brief is that on 18-2-1981 Shri Dashrath Singh Tomar (P.W. 1) who was posted at the relevant time as Health Inspector, Municipal Corporation, Khandwa, visited Narendra Industries. He had been conferred with the powers of Food Inspector by the State Government. After visiting the said Industry said Health Officer gave a notice under Form 6 of Food Adulteration Act, 1954 (hereinafter referred to as Act for convenience) and took the sample of Refined Rape Seed Oil. Food Inspector was authorised to file the complaint and collect the samples. After giving notice Food Inspector purchased 3.75 grams of oil from tank No. 5 which was stored in the Oil Mill vide receipt (Ex. P-6). Oil purchased by him was divided into three parts and after division those three parts were kept in three separate bottles. The bottles were sealed properly in the presence of accused the erstwhile manager of the said Industry. One of the samples was sent to the public analyst, Indore vide Ex. P-9. Remaining two bottles were kept with the Chief Medical Officer under receipt (Ex. P-10). Report of the Public Analyst was received on 16-2-1981 and as per the report of the public analyst the sample was found to be adulterated.

(3.) The accused also got the sample analysed by the Director of Central Food Laboratory under S. 13(2) of the Act. As per the report of the Director of the Central Food Laboratory (hereinafter referred to as C.F.L. for convenience) the refined rape-seed oil was found to be adulterated. Hence complaint under S. 16(1)(a)(i) was filed by Dashrath Singh Tomar, the Food Inspector of the Municipal Corporation, Khandwa. Chief Judicial Magistrate came to the conclusion that the offence was not proved as the oil collected was not stirred by the Food Inspector and also it was not taken out with the help of clean utensils.