GADADHAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of appellate judgment of the petitioner's conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred as 'Act' for short) and consequent sentence recorded thereunder obliging the petitioner to suffer R.I. for one year and to pay fine of Rs. 1000/-, in default to suffer R.I. for one month more.

(2.) The petitioner had a grocery shop in Dharmasala Market of Keonjhar Town. On 25-11-1988 the Food Inspector (P.W. 3) inspected the aforesaid grocery shop. The helper attendant (P.W. 1) of the Office of the Health Officer, Keonjhar Municipality and the Sanitary Inspector (P.W. 2) attached to the Office of the A.D.M.O. (P.H.), Koenjhar were accompanying him (P.W. 3). The Food Inspector (P.W. 3) suspected the mustard oil exposed for sale in the shop of the petitioner for human consumption to be adulterated. He, in accordance with rules made under the Act, purchased 450 grams of such mustard oil, divided the same into three equal parts and kept each part in three dry clean sample bottles. He (P.W. 3) sealed and wrapped the bottles following due procedures. One part of the sample, he sent to the Public Analyst for his analysis and opinion. The other two parts were deposited before the local health authority. The Public Analyst vide report (Ext. 8) reported that the sample of mustard oil falls below the prescribed standard in respect of polybromide test. On receipt of report of the Public Analyst, he (P.W. 3) placed the prosecution report and all the relevant documents including the Public Analyst's report before the local health authority, who on perusal of the same gave sanction/consent vide (Ext. 9) for prosecution of the petitioner. The petitioner stood trial.

(3.) In course of the trial prosecution examined three witnesses, who have already been introduced and proved various documents.