FOOD INSPECTOR BERHAMPUR MUNICIPALITY Vs. P MOHAN RAO

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 23-12-1980 passed by the Chief Judicial Magistrate, Berhampur in 2(c)CC 195 of 1977 acquitting the accused persons (the present respondents) of the charge under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) The prosecution case may be briefly stated thus: On 25-7-1977 at 5.00 P.M., P.W. 1 Niranjan Behera, the then Food Inspector, Berhampur Municipality, visited the business premises of respondent No. 2 (of which respondent No. 1 is the Managing Partner), a whole-sale dealer in Til Oil, and suspecting the Til Oil contained in the sealed tins to be adulterated, took a sample of 375 grams of the Til Oil from one of the tins, and after duly observing all the formalities, sent 1/3rd of the sample collected, to the Public Analyst for his analysis. At the time when P.W. 1 took the sample, revealing his identity to respondent No. 1, the latter produced the cash memo receipt Ext.3 showing the purchase of the Til Oil Tins in question from respondent No. 4 M/s Razzak Rice and Oil Mills and further disclosed before him (P.W. 1) that one Usman Haji Umar was the Manager of respondent No. 4. As the Public Analyst submitted his report (Ext.9) stating that the sample of Til Oil sent to him was adulterated, the Food Inspector (P.W. 1) initiated proceedings in the court of the S.D.J.M., Berhampur under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') against the respondents.

(3.) The respondents Nos. 1and 2 took the plea that as they purchased the Til Oil Tins in question from respondent No. 4, they are in no way liable, even if the oil contained in the tins is found to be adulterated. Respondent No. 1 has examined himself as D.W. 1 in support of his plea. Respondent No. 3 Ajit Shakpor is the present Manager of respondent No. 4. Respondents 3 and 4 took the plea that the Til Oil Tin in question was not purchased from them.