SUDEEP KUMAR DUTTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) On the allegation that the petitioner had exposed adulterated buffalo milk for sale for human consumption, he was prosecuted Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'the Act' ) in the Court of the Sub -divisional Judicial Magistrate, Panposh. The Trying Magistrate held that the petitioner had kept buffalo milk in his hotel for preparation of food articles which were exposed for sale for human consumption in the hotel and accordingly convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs, 1000/ -, against the said conviction and sentence, appeal was preferred by the petitioner which ended in dismissal. In this revision, the petitioner seeks to assail the aforesaid conviction and sentence.

(2.) PROSECUTION case is that on 12 -9 -1986 at 10 a. m, the Food Inspector of N. A. C. (C. T. and S, T.), Rourkela inspected the hotel in the name and style of 'Dutta Hotel' of the petitioner at Diesel Colony, Bondhomunda. The petitioner being the proprietor of the hotel was present at that time. The Food Inspector suspected adulteration in Buffale milk, chilly powder and besan which were stored for preparation of food articles like sweets, seo, chatni etc. He served statutory notice on the petitioner and after disclosing his identity, purchased 750 grams of buffalo milk, necessary formalities were complied with in the matter and sample was duly sent to Public Analyst for examination. The Public Analyst reported that the sample of the buffalo milk was adulterated. After obtaining the sanction, the petitioner was prosecuted which has ended in his conviction and sentence as aforesaid.

(3.) ON behalf of the prosecution, two witnesses were examined. PW 1 was the Food Inspector and PW 2 was the Sanitary Inspector.