SHAKTI KUMAR AGRAWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the decision of the learned Sessions Judge, Bolangir upholding the conviction of the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred to as the Act) and sentence six months rigorous imprisonment and a fine of Rs. 1000/-, in default, to rigorous imprisonment for a further period of two months.

(2.) The prosecution case shortly stated is that on 10-3-1980 at about 11 a.m. the Food Inspector, Bolangir Chittaranjan Das (P.W. 2) inspected M/s. Bansal Store at Patnagarh, a grocery shop of which the petitioner and his father Sheonandrai Agrawala were the partners and suspecting the stock of Suji exposed for sale to be adulterated collected sample thereof in accordance with the provisions of the rules framed under the Act. The sample so taken was equally divided into three parts and each part was kept in dry clean bottle and thereafter each bottle was duly sealed and labelled. On examination of one part of the sample, the Public Analyst, Orissa opined the same to be adulterated. Thereafter, prosecution report was filed not only against the petitioner and his father partner but also against M/ s. Orissa Flour Mills, Khetrajpur, Sambalpur on the further allegation that the said stock of Suji had been purchased from that Mill under Bill No. 987 dated 26-2-1980. As summons could not be served on M/s. Orissa Flour Mills, the case against said accused was split up and the petitioner and his father partner were tried.

(3.) The defence was one of denial.