DHARMA CHANDRA Vs. FOOD INSPECTOR AND ANOTHER

JUDGEMENT

(1.) This petition is aimed at setting aside the judgment of the Additional Sessions Judge, Ujjain in Criminal Appeal No. 53 of 1982, maintaining the judgment of the Judicial Magistrate, First Class, Kachrod in Criminal Trial No. 703 of 1979, finding the petitioner selling adulterated rapeseed oil prohibited under Sec. 7(1) and punishable under Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act and sentencing him to rigorous imprisonment for three years and Rs. 5000.00 fine failing the payment of which he is to further suffer rigorous imprisonment for one year.

(2.) The facts found proved by the two courts below are that on 14-6-79 the Food Inspector Shyam Singhal (PW 2) in the presence of Rajendra (PW 1) an attesting witness went to the shop of the petitioner situated at Gandhi Marg, Kachrod. He after expressing his intention to buy rapeseed oil for the purpose of its being examined by a Public Analyst, after giving dm notice brought 375 grams of oil for Rs. 2.80 contained m a tin container having 5 kgs. of oil. The bought oil was divided into three equal parts. Such part was kept separately in dried clean phial and each of them was sealed. Two of the phials were sent to the Local (Health) Authority and one sent to the Public Analyst, who vide report (Ex. P 12) found that the sample sent to him did not conform to the standard regarding the test (a) Iodine value, (b) Saponification value (c) percentage of free fatty acid as oleic acid and (d) Perogide value, they being 94.5128, 188,7725, 1.5051 per cent and 4.6 mgm. per kg. respectively.

(3.) On these facts when charged with the specified offence, the petitioner denied his guilt. At the trial one of the attesting witnesses, Rajendra (PW 1) was disowned by the prosecution. The learned Magistrate relying upon the sole evidence of Shyamlai Singhal (PW 2), dismissing of the defences of the accused convicted and sentenced him The appeal by the petitioner to the Additional Sessions Judge, also proved futile.