MANGTURAM AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two petitioners faced trial before the learned Chief Judicial Magistrate, Balangir on the accusation that they had exposed mustered oil for sale, which on analysis by the Public Analyst was found to be adulterated to attract culpability under the provisions of the Prevention of Food Adulteration Act, 1954 (in short, the 'Act'). They were convicted and sentenced, which got seal of approval of the appellate court. Petitioner Babulal was stated to be the proprietor of the shop which was issued with a food licence bearing No. 193-R-138 under the Prevention of Food Adulteration Rules, 1955 (in short, the Rules').

(2.) Matrix of accusation leading to trial is as follows: On 6-10-1985 the Food Inspector, Balangir district visited the shop when the petitioner Mangturam was conducting the business activities, while petitioner Babulal was absent. The Food Inspector purchased 375 grams of mustar oil in presence of the witnesses having suspected that the same was adulterated. Due payment was made for the purchase and sample collected was sent for examination to the Public Analyst, who opined the same to be adulterted. A copy of the report was sent to the petitioners. After obtaining sanction from the local health authority, prosecution was instituted.

(3.) The accused persons took the plea that when Food Inspector visited the shop same was closed, on his arrival the shop was opened, he opened a sealed tin and asked petitioner Mangturam to put some signature on blank papers though he was not in charge of business on behalf of petitioner Babulal.