SATYANARAYAN CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment of the learned 2nd Addl. Sessions Judge, Puri whereby he has upheld the judgment and order of the learned Chief Judicial Magistrate, Puri convicting the accused-petitioner under Section 16(1)(a)( i)of the Prevention of Food Adulteration Act ( for short, 'the Act') and sentencing him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 6 months.

(2.) The prosecution case, shortly stated, is that on 19-3-1980 the Food Inspector of Puri Municipality made statutory purchase of 450 gms. of Panamadhuri and 450 gms. of Zuani from the shop of the accused in presence of P.Ws. 2 and 3. The purchased articles were each divided into three equal parts and each part was kept in a separately dry and clean bottle and then duly sealed. One such sample bottle from each of the purchased articles was sent for examination to the Public Analyst which was received by him on 20-3-1980 and the remaining two sample bottles from each of these articles were deposited in the office of the Chief District Medical Officer, Puri. After receipt of the reports of the Public Analyst (Exts. 9 and 10) on 29-5-1980 disclosing the articles sent to him for examination to be adulterated, P.W. 2 obtained written consent of the C.D.M.O., Puri, as per Ext. 11 and then submitted prosecution report in Court on 2-8-1980. A notice under Section 12(2) of the Act was sent to the petitioner with copies of the reports of the Public Analyst by registered post.

(3.) The defence was that the samples were first collected in dirty "Thungas'(paper bags) and then the same were kept in the bottles which were not clean or dry.