BHAGIRATHI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners have challenged their conviction and sentence under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act ('Act' for short).

(2.) The prosecution case in brief is that the petitioners own a grocery shop in village Nuagada where they sell consumer goods. On 10-11-1978 afternoon the Food Inspector inspected the food articles exposed for sale in the shop and suspected Pea Besan and ground-nut oil to have been adulterated. So, after observing all formalities according to the rules he purchased 750 grams of Pea Besan and 375 grams of ground-nut oil, divided them into samples, packed and sealed them and despatched a set of samples of both the articles to the Public Analyst for examination. The Public Analyst reported that both the articles were, adulterated and so after obtaining sanction from the prescribed authority, prosecution was launched against the petitioners.

(3.) The learned Judicial Magistrate, R. Udayagiri believed the prosecution evidence, convicted the petitioners for having committed an offence under S. 16(1)(a)(i) and sentenced each of them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default, to undergo rigorous imprisonment for six months. On appeal the learned Additional Sessions Judge, Ganjam upheld the conviction and sentence.