STATE OF ORISSA Vs. DUSMANTA KUMAR PARIDALA

JUDGEMENT

(1.) The State has called in question the judgment of acquittal passed by the learned Chief Judicial Magistrate, Rayagada in 2(c) CC No. 105 of 1994 acquitting the respondent of the charge under Sections 16(1)(a)(i) read with Sections 7(i)(v) of the Prevention of Food Adulteration Act, 1954.

(2.) The short case of the prosecution is that on 22.08.1992, the Food Inspector (P.W.3) along with his peon (P.W.2) and one Inspector of Police (Vigilance) went to the shop of the respondent and there, they found respondent to have exposed varieties of food articles for sale for human consumption. PW.3 then disclosing his identity inspected the food articles and entertained suspicious as regards adulteration of some of the food articles, such as, Mustard Oil, Besan and Harad Dal. So, after issuing notice as required under the Rule in the appropriate format under Ext. 1 expressing the intention to purchase those food articles for the purpose of their examination by the Public Analyst, he finally purchased required quantities of Mustard Oil, Besan and Harad Dal on payment of price and also received necessary cash memo Ext.2 to that effect. The samples of each articles of the food articles were then divided into three equal parts, kept them in empty, clean and dry bottles duly corked, wrapped, labelled and lastly sealed. Each part of the sample from each of the item of the food article were then sent to the Public Analyst for analysis under separate memorandum containing the specimen impression of the seal used for the purpose of sealing the sample bottles and also those memondarums were separately sent, Reports were then received from the Public Analyst about the adulteration of Besan and Harad Dal. So, the matter was places before the Chief District Medical Officer-cum-Local Health Authority. Necessary written consent being given by him finally the prosecution was launched.

(3.) The case of the respondent is that of complete denial. He has taken a plea that he was not the owner of the shop and that at the time of sale, he was not engaged for sale of any food articles.