DHARANIDHAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner was convicted under S.16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act') and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of two months, by the learned Judicial Magistrate, First Class, Jaipur. On appeal, the conviction of the petitioner has been upheld, but the sentence has been reduced to rigorous imprisonment for six months and to fine of Rs. 1,000/- with the default sentence as stated earlier. The conviction is on account of the fact that the petitioner sold adulterated mustard oil.

(2.) The prosecution alleged that on 5-9-1979, P.W. 2, the Food Inspector, visited the petitioner's grocery shop and suspected the mustard oil to be adulterated. He, therefore, took sample of the mustard oil after performing all formalities and then sent one sample to the Public Analyst who reported the oil in question to be adulterated as it did not conform to the standard prescribed under the Rules in respect of polybromide test. P.W. 2 was accompanied by the Sanitary Inspector (P.W. 1) as well as another person (P.W. 3), who, of course, turned hostile to the prosecution. The Food Inspector thereafter placed all the materials before the Chief District Medical Officer and obtained the required sanction (Ext. 6) and then filed the prosecution report.

(3.) The plea of the petitioner was one of denial. It was also the case of the petitioner that he was in no way concerned with the grocery shop and the Food Inspector had obtained his signature under threat and coercion.