CH BHIMRAJU SUBUDHI Vs. STATE FOOD INSPECTOR

JUDGEMENT

(1.) Petitioner was convicted Under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act') and was sentenced to rigorous imprisonment for one year and a fine of Rs. 1,000/ -, in default to undergo rigorous imprisonment for six months, by the Judicial Magistrate, First Class, Berhampur, on the finding that he had exposed adulterated ground -nut oil in his shop for sale for human consumption. On appeal, the conviction and sentence passed by the learned Magistrate have been upheld by the learned Additional Sessions Judge and hence the revision.

(2.) THE Food Inspector (P. W. 1) along with P. W. 2 inspected the shop of the accused on 7. 11. 1976 and after disclosing his identity purchased sample from ground -nut oil which had been exposed for sale for human consumption. The due consideration for the same was paid and after dividing the sample into three equal parts, those were kept in three empty bottles and sealed properly. One of the bottles was handed over to the petitioner and another bottle was sent to the Public Analyst for anal} sis The report of the Analyst disclosed that the sample was adulterated and not fit for human consumption. A copy of such report was furnished to the accused as prescribed under law and thereafter on receiving sanction, prosecution report was submitted against the petitioner

(3.) ON the basis of the evidence adduced at the trial both the Courts have concurrently found that the oil in question was exposed for human consumption and was adulterated. They have, therefore, come to the conclusion that the petitioner has committed the offence within the ambit of Section 16(1)(a)(i) of the Act.