JAGDISH PRASAD GUPTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to under to R. I. for six months and to pay a fine of Rs. 1,000/ - in default to undergo R.I. for three months more by the trial court. In appeal, the order of conviction and sentence has been confirmed and this revision is directed against the appellate order.

(2.) PROSECUTION case is that the petitioner is a partner of the firm M/s. Trade Link Enterprises. On 6.9.1975, the Food Inspector (P.W. 1) was informed by tile Sanitary Inspector (P.W. 3) and the S.D.O. that the petitioner had stored for sale several bags of adulterated food namely, Arhar Dal and Chana Dal in his godown. These foodstuffs were unfit for human consumption. P.W. 1 alone with P.W. 9 and a police party went to he godown of the petitioner and found 192 bags of Arhar Dal and 17 bags of Chana Dal infested by insects. P.W. 3 seized the stock and kept the same in the Zima of the petitioner. He served notice on the petitioner intimating to take sample of those articles for examination by public analyst. Samples were taken from each of the Dals. These were divided into three equal parts and each part was put in a dry bottle. The bottles were labelled and sealed and one bottle from each variety was handed over to the petitioner on receipt. Then the bottles were sent for examination by public analyst, who opined that both the Dals were adulterated and did not conform to the standard. After complying with the formalities, prosecution report was filed against the petitioner.

(3.) BOTH the courts below have held the analyst's report was handed over to the petitioner. He was in charge of the business and his plea that the Dals were not meant for human consumption is not acceptable.