BASUDEV PANDEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this revision challenges the order of conviction and sentence passed by both the Courts below convicting the petitioner u/S.16(1)(b)(i) and (iii) of the Prevention of Food Adulteration Act (hereinafter called the "Act") and sentencing him to undergo R.I.for one year and to pay fine of Rs. 1,000/-. In default, to undergo R.I.for three months on each Count with a direction that both the sentences would run concurrently.

(2.) Prosecution case is as follows: On 20-4-1991, the Food Inspector (P.W.1) along with his Peon (P.W.2) visited the grocery shop of the petitioner situated at village Ingsa and found that the licence of the petitioner had not been renewed after 31-12-1989. The Food Inspector suspected that Atta and refined rice-bran oil exposed for human consumption were adulterated. After disclosing his intention and identity, he served notice and purchased 600 grams of Atta and 375 grams of refined rice-bran oil on payment of Rs. 11.25 paise. Samples were duly taken and sent for chemical analysis which were on analysis found to be below the standard prescribed and accordingly, the prosecution was lodged after obtaining consent from the appropriate authority.

(3.) The accused denied about the occurrence and claimed that a false case had been foisted against him.