BADRINARAYAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Food Inspector, Sundargarh, visited the grocery shop of the petitioner on 28-9-1985 and finding edible oil, spices and cereal products exposed for sale, disclosed his identity and after giving notice in Form VI to him purchased some articles. He divided each article into three parts and after observing all formalities, forwarded one part of each article to the Public Analyst, Government of Orissa. After microscopic examination, the Public Analyst submitted his report to the effect that one sample contained starches of Bengal gram and Khesari and in his opinion the sample was adulterated and prohibited for sale as it contained Khesari powder in addition to Bengal gram powder. On receipt of the report, the Food Inspector obtained written consent from the Chief District Medical Officer, Sundargarh and launched prosecution against the petitioner for an offence under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 on the allegation that he sold adulterated Besan. Thus the petitioner was tried for the aforesaid offence on the charge that he had exposed adulterated Besan in his shop for sale for human consumption.

(2.) The petitioner did not dispute that he had kept the article in question for sale, but contended that it was a Besan like substance kept for sale as cattle feed.

(3.) Basing on the report of the Public Analyst, the trying Magistrate found the Accused guilty of the offence under Section 16(1)(a)(i) of the Act, convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 600/-, in default to undergo rigorous imprisonment for six months more. In appeal the Sessions Judge has confirmed the order of conviction and sentence. Hence the revision.