RAMA CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner faced trial for alleged contravention of the provisions of Sec. 7 read with Sec. 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (in short (the Act), was convicted by the learned Sub-Divisional Judicial Magistrate, Kendrapara, who found him guilty of selling adulterated buffalo curd, and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00, with default sentence of rigorous imprisonment for one month. The judgment and order of conviction and sentence were upheld in appeal by the learned Second Addl. Sessions Judge, Cuttack.

(2.) The facts of the case, in short, are that on 6-8-1982, the Food Inspector, Cuttack inspected the business premises of the Petitioner and on suspicion that the buffalo curd sold thereon was adulterated, issued notice for purchase and collected sample; the sample collected (600 grams) was divided into three parts and kept in three bottles after adding 16 drops of formal in as preservative in each of the bottles; on analysis the Public Analyst) Orissa found the buffalo curd to be not in conformity with the required standard and opined that the article was adulterated; and with the written consent of the Chief District Medical Officer, Cuttack, prosecution was launched. A copy of the report of the public analyst was sent to the Petitioner on 7-2-1983, which was received by him on 10-2-1983.

(3.) On evaluation of the oral and documentary evidence, the learned trial Magistrate came to the conclusion as afore stated and passed the judgment and order which was confirmed in appeal as indicated.