NATHURAM @ BANRNALI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner was convicted by the Judicial Magistrate First Class for selling condensed milk (KHOWA), without a licence as also for preventing the Food Inspector from taking the sample as authorised by the Prevention of Food Adulteration, Act, 1954 (hereinafter referred to as the Act)'. His conviction and sentences for the two offences were up-held by the Additional Sessions Judge, Damoh in Criminal Appeal No. 17/83. However, for the offence of selling KHOWA without a licence, the sentence was reduced to rising of the Court and to a fine of Rs. 200.00(Rs. Two Hundred), in default R.I. for one month. Hence this revision.

(2.) Naresh Chand Gupta (P.W. 1) has stated that he has been appointed as a Sanitary Inspector by the State of Madhya Pradesh and is posted in district Datnoh. He is authorised under the Act to function as a Food Inspector in the municipal area of Hatta, Ex. P-1 is the order relating to his appointment as a Food Inspector within the municipal area of Hatta and Ex. P-2 is the resolution of the Municipal Council. On 13 3-1981, he checked the petitioner while he was selling KHOWA. The petitioner, then had about 40 kgs. of KHOWA in two baskets. After disclosing his identity, he told the accused that he would take a sample of the KHOWA. The prescribed form was prepared in duplicate and when the Food Inspector gave one of the said copies to the petitioner, he refused to accept it. Ex. P-3 and P-3A are the copies of the prescribed form. When the Food Inspector wanted to take the sample, from one of the two baskets, the petitioner told the Food Inspector not to touch the baskets otherwise it would not be proper for him and he does not want to give any sample. The Food Inspector was also told that he may do whatever he wants. Thereafter the accused took away the two baskets. A memorandum Lx. P.4 was prepared on that behalf. The Food Inspector had also recorded the statement of Sudama Prasad (P.W. 3) to whom 20 kgs. of KHOWA had been sold by the accused on the same day.

(3.) In paragraph of the complaint, it had been specifically stated that the complainant is a Sanitary Inspector of the Madhya Pradesh Government and is posted in district Damoh. He has also referred to the notification dated 14-8-1981 of the State Government, the resolution of the Municipal Council dated 17-11-1980 and a notification dated 1-10-1980 of -