B.N. SHARMA Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 16(1)(d) of the Prevention of Food Adulteration Act and has been sentenced to pay a fine of Rs. 101/ - or in default suffer simple imprisonment for a month.

(2.) THE case made out by the prosecution was as follows: On 23 -2 -1965 (wrongly stated in the judgments of the Courts below as 14 -3 -1964) p.w. 1 who was the Food Inspector inspected the flour atta mill of the Petitioner located within the town of Cuttack and discovered 17 bags of floor -swept waste atta and 2 hags of chokad (wheat bran) kept, in the milling room. He proceeded to seize the same under Section 10(4) of the Act as per seizure list (Ex.1). The Petitioner was prosecuted under Section 16(1)(d) of the Act on the allegation that the contents of the aforesaid 19 bags bad apparently been kept for adulteration.

(3.) THE prosecution did not press its claim in respect of the 17 bags of floor -swept atta any further after the learned magistrate in paragraph 7 of his judgment stated: