NANDLAL KHATRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is directed against the confirming judgment dated 22-6-1993 in Cr. Appeal No. 128/88 passed by 4th Addl. Sessions Judge, Bilaspur whereby the conviction and sentence of the petitioner made by the Court of Judicial Magistrate First Class, Pendra Road, Bilaspur in Criminal Case No. 432/87 vide judgment dated 8-6-1988 was confirmed. The petitioner was convicted u/S. 7(1) r/w S. 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter called the 'Act'), for selling a sample of turmeric powder to Food Inspector P.W. 1 on 23-6-1987 in the area of Pendra. The sample was found to be adulterated by Central Food Laboratory in so far as it was found to be having foreign material (starch originating from rice). No other adulteration was found although the Public Analyst on his analysis had found it adulterated because of presence of non-permitted colour.

(2.) Reliance placed by the trial Magistrate was on the evidence of Food Inspector Shri I. A. Pasha (P.W. 1) about the purchasing sample as also on report of the Director, Central Food Laboratory, Gaziabad.

(3.) Notice had been given to the accused-petitioner u/S. 13(2) of the Act r/w Rule 9-A of the Prevention of Food Adulteration Rule and after that notice the accused had applied to trial Magistrate to have the other part of the sample sent to the Central Food Laboratory for analysis, that is how the report of the Central Food Laboratory Ex. P/16 was received.