DASARATHI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the petitioners having been convicted under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 ('the Act', for short) and sentenced to imprisonment and fine, have approached this Court in this revision after their appeal before the learned Additional Sessions Judge, Balangir, was dismissed. By order dated 21-4-1993 this revision has been dismissed so far as petitioner No. 2 is concerned and the learned counsel for petitioners has pressed this revision only for petitioner No. 1.

(2.) The case of the complainant is that at the relevant time he was working as Food Inspector, Balangir. Petitioner No. 1 is the son of petitioner No. 2. Petitioner No. 2 has a retail grocery shop at village Bajmunda where he stores edible oil, spices, cereals, pulses, etc. for sale. Being directed by the Chief District Medical Officer, Balangir, on the basis of complaint made by one Kunu Bhoi, the complainant inspected the shop of petitioner No. 2 on 26-5-1989 at about 11.30 a.m. at the relevant time petitioner No. 1 was present in the shop and was selling different food articles to consumers and petitioner No. 2 was absent. The complainant after disclosing his identity to petitioner No. 1 demanded production of the food licence which could not be produced by him on the plea that his father was absent. At that time petitioner No. 2 arrived and on his arrival the complainant filled up a notice with instruction to produce food licences and wanted to serve it on petitioner No. 2 through petitioner No. 1, but the latter refused to accept the same. The complainant also requested petitioner No. 2 to receive that notice, but he also refused to accept. Thereafter the complainant called some witnesses and in their presence verified different food articles, such as edible oil, spices, cereals, pulses, etc. displayed in the shop for sale. On verification he suspected the mustard oil displayed by the petitioners for sale for human consumption to have been adulterated. He found about 10 Kgs of mustard oil kept in an open tin having no label or brand thereon. Therefore, he filled up a notice in Form No. VI of the Act in the names of both the petitioners and expressed his intention to take samples of mustard oil for analysis. The petitioners refused to receive the notice as also to give the samples and closed the door of the shop and went away. On these allegations the complaint was filed for offence under Section 16(1)(c) of the Act.

(3.) The petitioners denied the allegations made in the complaint.