BIJOY KUMAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Sessions Judge, Sundargarh, confirming the order of conviction and sentence of the petitioner Under Section 16(1)(a)(i) for contravention of Section 7 of the Prevention of Food Adulteration Act ('Act' for short).

(2.) THE case of the prosecution is that the petitioner is a dealer of grocery articles at village Dharuadhi. On 18 -9 -1978 the Food Inspector, Sundargarh, inspected the grocery shop and suspected that mustard oil exhibited for sale in the shop for human consumption was adulterated. For chemical analysis of the mustard oil for detection if the same was adulterated or not, he performed the formalities prescribed in the Act and the Rules framed thereunder, purchased 0. 750 grams of mustard oil on payment of price, obtained receipt (Ext. 1) therefor from the petitioner, divided the same into three equal parts, kept the samples in three clean dry bottles and sent one of the samples to the Public Analyst of the Government of Orissa The Public Analyst in his report (Ext. 4) opined that the sample mustard oil was adulterated. A copy of the report of the Public Analyst was sept to the petitioner Since, a case of adulteration of mustard oil exhibited for sale for human consumption was revealed, consent of the appropriate authority, namely, the Chief District Medical Officer, Sundargarh (Ext. 6) was obtained and prosecution report (Ext.5) was submitted against the petitioner.

(3.) THE learned Chief Judicial Magistrate who tried the offence nagatived both the pleas raised by the petitioner and convicted and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/ -, in default, to undergo rigorous imprisonment for two months more. The appeal preferred before the learned Sessions Judg was without success.