JAGADISH PRASAD AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who has been found guilty for having manufactured misbranded 'Garam Masala' assails his conviction and sentence passed under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in brief 'the Act'). His appeal to up set the conviction and sentence was rebuffed by the Additional Sessions Judge. Hence, this revision petition.

(2.) The case of the prosecution is that on 22-5-1987 at about 9 am the Food Inspector of Rour Kela with Sub-inspector of Vigilance and Sanitary Inspector visited the Surya Flour Mill situated on the main road near daily market Rourkela. The petitioner was the proprietor of the said mill and was present at that time The Food Inspector ate disclosing his identity to the petitioner visited the mil premises and found 'Garam Masala'(surya brand packet) amongst other articles of food had been manufactured and kept in packets for sale for human consumption. He suspected the Garam Masala to be adulterated and misbranded. After making statutory purchase of the article, he sent it to the Public Analyst who reported the 'Garam Masala' to be misbranded. The petitioner was accordingly prosecuted which has ended in his conviction as noted above.

(3.) The plea of the petitioner was one of denial.