BANSIDHAR BEHERA Vs. PURI MUNICIPALITY

JUDGEMENT

(1.) THE petitioner was convicted under Section 16(1)(a) of the Prevention of Food Adulteration Ad (hereinafter called the 'Act') and was sentenced to six months' R.I. and to pay a fine of Rs. 1,000/ -, in default to undergo R.I. for six months by the Sub -divisional Judicial Magistrate, Puri. In appeal, the conviction and sentence were maintained. Hence this revision.

(2.) THE case of the prosecution was that on 19 -2 -77 the accused -petitioner was selling cheese (Chhena) for human consumption at Balighat in Puri town within Puri Municipal area. Suspecting the cheese to be adulterated, the Food Inspector (P.W. 1) took samples of the same after observing all the formalities. He sent the sample to the Public Analyst for analysis who reported that the cheese was adulterated. So the Food Inspector filed prosecution report after obtaining sanction from the competent authority.

(3.) PROSECUTION examined 3 witnesses. No witness was examined on behalf of the defence. P.W. 1 is the Food Inspector who took the sample of cheese. P.W. 2 is the Food Inspector who succeeded P.W. 1 on his transfer. P.W. 3 is a Peon who was present at the time of taking sample. The report of the Public Analyst which has been marked as Ext. 5 showed that the sample was adulterated and did not conform to the standard prescribed for Chhena under the Prevention of Food Adulteration Rules as the moisture contents were more and milk fat was less. Both the courts below after considering the evidence against the petitioner have convicted and sentenced him as aforesaid.