STATE Vs. UMA CHARAN RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against an order of the Sub-Divisional magistrate, Karanjia, dated 26-8-1964 acquitting the respondent of an offence under Section 16 of the Prevention of Food Adulteration Act.

(2.) THE respondent Uma Charan Ram owns a grocery shop at Jashipur in the district of Mayurbhanj. On 9-2-63, the Food Inspector (P. W. 1) inspected his shop and purchased samples of some cocoanut oil for the purpose of analysis and despatched the same in the usual course for examination by the Public Analyst with a view to find out if the said oil was pure or adulterated. He received a report (Ex. 4) from the Public Analyst saying that the sample of cocoanut oil was found to be adulterated. On receipt of Ex. 4, P. W. 1 filed a complaint (Ex. 5), after obtaining necessary sanction from the District Health Officer. On the basis of the complaint, cognizance was taken and the accused was tried for an offence under section 16 (a) of the Prevention of Food Adulteration Act (Act XXXVII of 1954) (hereinafter described as 'the Act' ).

(3.) THE accused admitted that he sold the sample of cocoanut oil to the Food inspector, PW. 1. His plea was that the cocoanut oil was not adulterated by him and it might have got adulterated due to the carelessness of the customers for which he was not responsible. His substantial plea, however, was that the cocoanut oil is not used as an article of food in the area where he was selling it and as such he was not liable to be prosecuted under the Act.