LAKHIRAM AGARWAL Vs. C R DASH FOOD INSPECTOR

JUDGEMENT

(1.) THE petitioner in this revision challenges the order dated 10.12.1999 passed by the learned S.D.J.M., Bolangir. framing charge against him Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) ON 26. 11.1993 the Food Inspector, Bolangir District Inspected, the shop of M/s. Amarchand Lakhiram. During inspection, the said Food Inspector suspected some food items, such as Farex Veg., Dalda (Vanaspati) and Britannia Good -Day Biscuits stored for sale, to be adulterated. He served a notice in Form VI, disclosing his intention to analyse the articles by the Public Analyst and purchased 3 packets of Farex Veg of 400 grams each manufactured by Glaxo India Ltd., 3 packets of Dalda and 15 packets of Good -Day biscuits in presence of witnesses. All the aforesaid materials were sealed and sent to Public Analyst. On 15.1.1994 the said Food Inspector received the analysis report No. 7/94 from the Local Health Authority and Chief District Medical Officer, Bolangir in respect of Farex Veg and ascertained that sample is misbranded. On the basis of such report, the Food Inspector was satisfied that the petitioner has committed the offence by storing and selling misbranded Farex Veg for human consumption and prosecution report was submitted on the basis of which the impugned order framing charge was passed.

(3.) LEARNED counsel appearing for the State submits that Farex Veg is marketed as a substitute of breast milk and therefore, there is clear contravention of Rule 37 -B of the Rules and as such, there is no illegality in framing the charge.