SURYAMONI SWAIN Vs. BASANTA KUMAR MOHANTY

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to R.I. for six months and also to pay a fine of Rs. 1000/ - or in default to undergo R. I. for three months by the Sub -Divisional Magistrate, Cuttack Sardar which has been confirmed by the Sessions Judge, Cuttack in appeal.

(2.) THE Petitioner, as stated in the appellate Court 's judgment, was a dealer in grocery articles at Pithapur within the Cuttack Municipality. On 27 -7 -1966 the Food Inspector (p.w. 1) purchased a sample of Suji from the grocery shop of the Appellant and after observing the requisite formalities he forwarded one bottle of Suji to the public analyst. The report of the public analyst was that the sample was adulterated as it was infested with insects (Ext. 4). Accordingly, with the sanction of the Health Officer of the Cuttack Municipality prosecution was launched against the Appellant under Section 16(1)(a)(i) read with Section 7 of the Act 37 1964".

(3.) THE learned Courts below held that the Petitioner had exposed Suji for sale; that the Suji was adulterated infested with insects as it was; that all formalities required under the Act had been observed and, therefore, disbelieving the plea of the Petitioner convicted him as aforesaid.