DHANRAJ JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the impugned judgment of conviction and order of sentence dated 28-1-02 recorded by Addl. Sessions Judge, Dewas in Criminal Appeal No. 70 of 2001, wherein and whereby he confirmed the order of conviction and sentence dated 28-4-2001, recorded by Judicial Magistrate First Class, Dewas in Criminal Case No. 8 of 01 for commission of offence under Section 16 (1) (a) (i) of Prevention of Food Adulteration Act, 1954 and sentenced the applicant to undergo R. I. for six months and to pay fine of Rs. 1000/-; in default to further undergo R. I. for one month.

(2.) SHORT facts of the case are that on 23-4-1994 at about 9. 30 a. m. at Ujjain Road, Dewas, Food Inspector Mr. R. C. Gupta reached at the Kirana shop known as, "gayatri Kirana Stores" of the applicant accused where applicant was selling the food articles. The Food Inspector served a notice of Form No. 6 on the applicant and obtained the signature of the applicant. Thereafter purchased 450 gms. of turmeric powder which was kept for sale in a polythene pack. The sample was divided in three dry and clean bottles in equal quantity. After completing the other formalities at the spot a panchnama containing all these fact was prepared and one sealed bottle was sent for analysis. The Public Analyst found the alleged sample adulterated. After obtaining the permission of Local Health Authority, a complaint was filed before the Trial Magistrate against the applicant and his father.

(3.) AT the request of applicant, another bottle of sample was sent to the Central Food Laboratory, who vide its report (Ex. P-19) found in it some foreign starch and, therefore, it was an admixture of turmeric powder and other substance. Thus it was violation of Rule 44 (h) of Prevention of Food Adulteration Rules, 1955.