RAMESWAR PRASAD SHARMA Vs. STATE

JUDGEMENT

(1.) Petitioner faced trial be fore the learned Sub-divisional Judicial Magis trate, Anandapur (in short, 'SDJM') on the accusa tion that he had exposed Buta dal for sale which on analysis by the Public Analyst was found to be adultered to attract culpability under the provisions of Prevention of Food Adulteration Act, 1954 (in short, the 'Act').

(2.) In a nut-shell the prosecution case is as follows: On 25-6-1984, at about 10.30 a.m. the Food Inspector Anandapur (PW. 3) inspected the gro cery shop of the petitioner at village Jarada where edible oil, spices, dal etc. meant for human consumption were exposed for sale. Suspecting the Buta dal kept for sale to be adulterated, the Food Inspector served notice on the accused-petitioner expressing his intention to take sample to be examined by Public Analyst, purchased 750 grams of Buta dal and paid its price. The sample col lected was divided into three equal parts and each part was kept in clean and dry bottle, and after properly sealing, labelling and wrapping with paper, and putting seal of the Chief District Medi cal Officer, Keonjhar, and after observing all formalities required to be taken in the matter of collection of sample, sent one sample bottle to the Public Analyst. After analysis, Public Analyst submitted a report to the effect that sample of Buta dal was a mixture of Bengal-gram dal and khesari dal. Latter is prohibited item so far as sale is concerned. Akter receiving report of Public Ana lyst, prosecution report was submitted by PW. 3 after obtaining written consent from the Chief District Medical Officer (in short, 'CDMO'), as required under Section 20 of the Act alleging contravention of provisions contained in Rule 44-A of the Prevention of Food Adulteration Rules, 1955 (in short, the 'Rules'), thereby at tracting punishment under Section 16(1) (a) (i) of the Act.

(3.) Accused-petitioner denied the accusations and took on several stands.