GAJANAN AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was prosecuted under Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'), on the allegation that he was selling articles, to wit : groundnut oil and Rahad dal which were adulterated and prohibited for sale for human consumption. The learned trying Magistrate found the petitioner guilty under the aforesaid provision, convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- with a defaulting sentence. The appeal preferred against the said conviction and sentence before the Sessions Judge ended in dismissal. Hence, this revision.

(2.) Prosecution case may be briefly stated.On 29-10-1990 at about 11 a.m. the Food Inspector of Bolangir district (P.W. 1) along with his peon P.W. 2 visited the shop of the petitioner at Jagannathpara, Bolangir. The petitioner was present and was in charge of the business. P.W. 1 after disclosing his identity made statutory purchase of groundnut oil and Rahad dal which he suspected to be adulterated. After complying with necessary formalities, the samples of ground-nut oil and Rahad dal were sent to the Public Analyst for analysis. On examination of the same, he reported both items to be adulterated. On receipt of the said report and after obtaining sanction from the competent authority, the petitioner was placed on trial which has ended in his conviction, as aforesaid.

(3.) The petitioner denied the charge. In his statement recorded under Section 313 Cr. P.C., he took specific plea that the Food Inspector took samples from his godown without any notice.