SK JAHIR MUHAMMAD Vs. STATE

JUDGEMENT

(1.) ARISING out of the same judgment and order of the appellate Court dismissing the appeal preferred by the petitioners and maintaining the orders of conviction passed against them, these two rivisions have been heard together and will be governed by this common order.

(2.) THE petitioners' firm M/s. Rohit and Company of which the petitioner Sk. Jahir Muhammad was the Manager had sold Besan as per the receipt ( Ext. 7 ) dated 23, 3. 1978 to the shop of M/s. Sukaran Das Purusottam Das at Jaipur Road, as alleged by the prosecution. The Food Inspector ( P. W. 1 ) chose April 1, 1978, to visit the shop at Jaipur Road in the company of P. W. 2 and on finding Besan exposed for sale for human consumption to be adulterated, took sample and after observance of formalities sent it for examination by the Public Analyst and it was found to be adulterated. On obtaining the order of sanction to prosecute the petitioners and the partners of the shop at Jajpur Road, a criminal prosecution was launched. Two witnesses were examined for the prosecution. On a consideration of the evidence, the trial Court found the petitioners to be guilty under Section 16(1)(a) of the Food Adulteration Act and the Manager -petitioner Sk. Jahir Muhammad was sentenced to . undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000 -and in default of payment thereof, to undergo rigorous imprisonment for a further period of three months. The partners of the shop at Jajpur Road. were also convicted by the trial Court, but were acquitted on appeal after accepting their case that they had purchased Besan from the firm of the petitioners. The appeal preferred by the petitioners was dismissed.

(3.) COMING first to the statement of Banwarilal Musakara before P. W. 1 in the presence of P. W. 2 that the article in question had been purchased from the firm of the petitioners, the. contention raised on behalf of the petitioners shall prevail for the reasons to follow.