STATE Vs. CHIRANGI LAL AND ORS.

JUDGEMENT

(1.) THE proceeding was initiated in exercise of suo motu jurisdiction of this Court under Section 439 of the Code of Criminal Procedure.

(2.) THE three accused persons have been convicted by the learned Sub -Divisional Magistrate of Talcher for an offence punishable under Section 16(1) (a)(i) of the Prevention of Food Adulteration Act. According to the prosecution, opposite parties 1 and 2 have a grocery shop in Talcher town. On 28 -5 -1969, the opposite party No. 3, a salesman in that shop, was found selling adulterated mung dal and cumin seeds (zeera). The Public Analyst found as per Exts. 9 and 10 that the cumin seeds and the mung dal were adulterated. The learned Magistrate accepted the prosecution evidence and came to hold:

(3.) SO far as the opposite party, No. 3 is concerned, he seems to be a young man and in the circumstances of the case, I am not prepared to set aside the order of the learned Magistrate so far as he is concerned.