STATE Vs. LAL CHAND AGARWAL

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 20-9-1986 passed by the Chief Judicial Magistrate, Bolangir on 2(c) C.C. No. 17 of 1985 (T.R. No. 220 of 1985) acquitting the opposite party of the offence punishable under Section 16(1)(a)(i) of the Prevention of,Food Adulteration Act (for short "the Act").

(2.) The brief facts of the case are that the opposite party had food licence for manufacturing biscuits only. On 28-11-1984 Purna Chandra Mishra, the Food Inspector, Mobile Unit, State Public Health Laboratory, Orissa and Anirudha Naik, the Food Inspector of the Bolangir district (P.W. 1) inspected the factory of the opposite party. According to the prosecution, P.W. 1 suspected the Goli-Peppermint manufactured and stored by the opposite party in his factory for sale for human consumption, to be adulterated. He expressed his intention to the opposite party to get the sample of Goli-Peppermint analysed and served notice upon him. Thereafter he purchased 900 gms, of Goli-Peppermint on payment of Rs. 7.50 paise and obtained money receipt as per Ext. 2, divided the sample into three equal parts and after filling the said parts in three polythene bags, sealed the same separately and took the signature of the opposite party thereon. One sample was sent to the Public Analyst, Bhubaneswar by registered parcel with a copy of memorandum. Another copy of memorandum with his specimen impression and seal was sent to the Public Analyst, Bhubaneswar by registered parcel separately on the same day. The other two samples were retained with the Local Health Authority, Bolangir. On 22-1-1985 report from the Public Analyst was received by him, according to which the sample was adulterated. Thereafter he filed a prosecution report for prosecuting the opposite party u/S. 16(1)(a)(i) of the Act and a sanction was obtained accordingly. At the instance of the opposite party, the sample was sent to the Director, Central Laboratory for analysis who also found that the sample WAS adulterated. Thereafter lie filed his complaint before the Magistrate.

(3.) The opposite party did not plead guilty. His case in defence was that 10 Kgs. of Goli Peppermint at the rate of Rs. 50/- per Kg. was kept inside the store room but the same was not exposed for sale for human consumption and was kept in a carton. It was purchased from Raja Industry, Raipur and a cash memo was issued in Sindhi language which was signed by proprietor of the Raja Industries, namely Govind Ram in the presence of the opposite party.