GOURANGA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused, a grocer, was presented by the Food Inspector, Balangir, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short, 'the Act'). Learned Judicial Magistrate, First Class, upon trial, found him guilty and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 600/ -, in default to undergo rigorous imprisonment for a further period of one month. On appeal, the learned Additional Sessions Judge upheld the conviction and sentence and dismissed the appeal. Feeling aggrieved, the accused has preferred the present revision challenging the judgments of both the Courts below.

(2.) PROSECUTION case, briefly stated, is that the accused owns a retail grocery shop in village Sadaipali. Food Inspector, PW 1, visited his shop on 27 -12 -1989 at 9.30 a.m. and having suspected Besan and mustard oil displayed for sale for human Consumption to be adulterated, made statutory purchase of 600 grams of Besan and 375 grams of mustard oil, divided each of the said items into three equal parts, kept each part in clean and dry bottles, sealed the same properly in presence of witnesses and sent one, bottle from each item to the Public Analyst for examination. On receipt of the reports of the Public Analyst that Besan and mustard oil were adulterated, launched prosecution against the accused after obtaining written consent from the CDMO Balangir.

(3.) THE prosecution in order to substantiate the charge, examined tree witnesses and brought in evidence several documents and the learned trial Court upon hearing, believed the prosecution case and convicted and sentenced the accused as hereinbefore stated.