STATE OF ORISSA Vs. JEEBAN LAL

JUDGEMENT

(1.) THE judgment of acquittal passed by the learned Sub -Divisional judicial Magistrate, Jeypore, in a case under Section 16(1)(a) of the Prevention of Food Adulteration Act ('Act' for short) is under challenge.

(2.) THE respondent had a sweet shop within the municipal area of Jeypore On 16.12.1976 he had exposed for sale an item of sweet named Boondi. P. W 3. the Food Inspector -cum -Health Officer of jeypore Municipality visited the shop at about 10 a.m. along with P. W. 1, a Sanitary Inspector of Jeypore Municipality. He suspected that Boondi was adulterated. Therefore, he served a notice under Section 11 of the Act on the respondent and purchased 1500 grams of Boondi from him on payment of Rs 12/ - for the purpose of sending the same to the public Analyst. He divided the samples into three equal parts and kept the same in three dry and clean bottles. The bottles were properly packed, wrapped and sealed. One of the samples was sent to the Public Analyst on 16.12.1976 and his report dated 2.2.1977 when received, disclosed that the sample Boondi was adulterated. P. W. 3 obtained sanction from the appropriate authority and submitted prosecution report against the respondent for an offence under Section 16(1)(a) of the Act.

(3.) THE learned judicial Magistrate found the charge not proved and while acquitting the respondent recorded the following findings :