MUNICIPAL COUNCIL RAIPUR Vs. BISHANDAS NATHUMAL

JUDGEMENT

(1.) THIS appeal, as also Criminal Appeal No. 476 of 1965, which too has been filed by the Municipal Council, Raipur, against the same respondent, both arise out of a common judgment of acquittal of the respondent, delivered by the learned sessions Judge, Raipur, in two different appeals, viz. Criminal Appeal No. 147 of 1964 and No. 148 of 1964, arising out of Criminal case No. 338 of 1963 and No. 344 of 1963 respectively, and as common questions of law are involved in both of them, they were heard together and this judgment shall govern the disposal of the other appeal also.

(2.) THE Municipal Council, Raipur, has filed these appeals under Section 417 (3) of the Code of Criminal Procedure against the judgment of acquittal of the respondent, dated 5-12-65, in the aforesaid two appeals which arose from criminal Cases Nos. 338/63 and 344/63, and in each of those cases, the respondent was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter called the Act), and sentenced to a fine of Rs. 200/- or in default, to suffer rigorous imprisonment for a period of two months.

(3.) THE facts of the prosecution case are identical in both the cases, excepting that the article seized in one case was wheat flour and in the other, gram-flour (Besan ). Food Inspector, Shri Khimji Bhiwanday (P. W. 1) had, on 28-11-62, took sample of Besan (gram-flour) as well as wheat-flour, on payment of price therefor, for purposes of analysis, from respondent Bishandas, after due notice to him, and divided the sample of each in three equal parts, which were sealed in the presence of the witnesses, and one packet of each of the two articles was sent to the Public analyst for test, vide his report, Ex. P-5, and in both cases, each of the two items were found below the standard specification.