ACHHELAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The Food Inspector (PW1) l ad taken a sample of Atta from the accused applicant situated at village Patan of district Chhatarpur on 9-6-1978. On one of the three parts of the said sample having been sent for analysis to the Public Analyst for the local area concerned at Rewa, it was found by the said Analyst vide his report dated 30-6-1978 (Ex. P. 8), after conducting three tests for (i) moisture determined by heating at 130-1330C for two hours, (ii) gluten on dry weight basis and (iii) alcoholic acidity expressed as HaS04 on dry weight basis, that the said part conformed to the prescribed standards of quality of Atta specified at item No. A. 18 01 in Appendix B to the Prevention of Food Adulteration Rules, 1955. it, however, appears that in Aug., 1978 another part of the sample in question was sent by the Local (Health) Authority to the Public Analyst at Bhopal and the said Public Analyst, having received the same on 14-8-1978, found vide his report dated 30-8-197 8 (Ex. P. 9), after conducting all the six tests, that the said part did not conform to the prescribed standards of quality of Atta specified at Item No. A. 18.01 in Appendix B as far as tests for (i) total ash on weight basis, (ii) as insoluble in dilute HCI on dry weight basis and (iii) gluten on dry weight basis were concerned. It was on the basis of the above said report of the second Public Analyst at Bhopal that the complaint was filed against the accused applicant in the Court of the Chief Judicial Magistrate on 13-11-78 and the accused applicant was found guilty and sentenced.

(2.) Having heard the learned counsel for the parties and perused the record, this Court is of the opinion that the same are manifestly erroneous and deserve to be set aside.

(3.) It is convenient to reproduce the prescribed standards of quality of Atta specified at Item No. 1, 18.01 in Appendix B, as also the results obtained by the two Public Analysts in respect of the part of the sample in question analysed by them : <FRM>JUDGEMENT_55_LAWS(MPH)2_1981.htm</FRM> Prescribed Standards