STATE OR ORISSA Vs. NARASINGH MAHANTY

JUDGEMENT

(1.) THIS appeal by the State is directed against the order of acquittal of the accused -Respondent from a charge under Section 16(1)(a) and (ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(2.) REPENTANT has a grocery shop in village Putippadar under Purusottampur Police station of Ganjam District where he sells articles of food also. On 24 -8 -1979, the Food Inspector visited the shop and suspecting the Turmeric Powder and the Til oil exposed for sale to be adulterated, purchased the required quainter for analysis after observing the formalities. The Food Inspector (P.W. 1) also demanded the licence but, the Respondent could not produce the same. After receipt of the report of the public analyst that the sample of Til oil was adulterated, P.W. 1 submitted the prosecution report on the basis of which the Respondent faced the trial.

(3.) PROSECUTION examined three witnesses and various documents to bring home the guilt of the Respondent. In defence, the Respondent examined one witness.