STATE OF ORISSA Vs. JAYASENA SABATA

JUDGEMENT

(1.) The State has called in question the judgment of acquittal dated 17.09.1996 passed by the learned J.M.F.C, Kasipur at Rayagada acquitting the respondent of the charge under section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short hereinafter referred to as "the Act") in 2 (c) CC No. 12 of 1994 (TR No.210 of 1994).

(2.) The short case of the prosecution is that the respondent was running a grocery shop in village Tikiri under the jurisdiction of Tikiri Police Station in the district of Rayagada. Cn 30.03.1993 about 11.30 A.M., the Food Inspector (P.W.1) had been to the said shop. Finding the respondent to have exhibited food articles like Edible Oil, Dal, Maida, Suji etc. for sale for human consumption, he expressed his intention to collect the samples of Mustard Oil, Harad Dal and Maida as he suspected those to be adulterated. So issuing notice in form-VI (Ext.1), he purchased 375 grams of Mustard oil, 750 grams of Harad Dal and 600 grams of Maida on payment of price thereof and divided each item of food into three parts; put them in empty, clean, and dry bottles duly corked, wrapped, labeled 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 memorandums containing the specimen impression of the seal used for the purpose of sealing the sample bottles and also those memorandums were separately sent. Reports were then received from the Public Analyst about the adulteration of Mustard oil when other two food items were found to be confirming to the standard prescribed in the rules in relevant Appendix. So, the matter was placed before the Chief District Medical Officer, Rayagada and necessary written consent being accorded by him, finally the prosecution came to be launched.

(3.) The defence took the plea of denial.