MD. ELLAHI Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act (hereinafter caned the Act) for storing in his shop for sale Motor Bason (pea powder) mixed with Khesari Powder, and he has been sentenced thereunder to undergo R.I. for 3 months and to pay a fine of Rs. 101/ -, in default to undergo R.I. for 10 days.

(2.) THE relevant part of the prosecution case is that the Food Inspector (p.w. 1) took sample of 600 grams of Motor Bason for the purpose of analysis by purchasing the same from the Petitioner. The said sample was sent to the Public Analyst, who on examination found that the said sample contained starches of pea., Bengal Gram and Khesari. Accordingly in his report Ext. 4 he opined that the sample was adulterated. The other details of the prosecution case need not be narrated as they are not relevant in the context of the points raised in this revision.

(3.) MR . Mohapatra, the learned Counsel for the Petitioner, has contended that there is nothing on record on which the Court can legally came to a finding that the Petitioner had stored the said Motor Bason for sale for human consumption and as such the Petitioner should not have been convicted of the aforesaid offence, as he has not offended the prohibitions contained in Notification No. 25561/H dated 28 -12 -1963 of the Government of Orissa.