CHATIRAM CHANDWANI Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 16(1)(a) of the Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') and has been sentenced thereunder to undergo R.I. for six months and to pay a fine of Rs. 1000/ - (one thousand). In default to undergo R.I. for 2 months more.

(2.) THE Petitioner and his father had an ice candy factory in Bolangir town. The prosecution case, in short, is that on 3 -6 -1975 at about 10 a.m., P.W. 1, the Food Inspector, Bolangir, inspected the said factory and there found some ice -candies exposed for sale for human consumption. He suspected the said ice candies to be adulterated, and so he purchased 900 grams of ice candy from the Petitioner by paying him Re. 1/ - and obtained a receipt from him for the said payment. Thereafter P.W. 1 served a notice (Ext. 2) on the Petitioner of his intention to get the said ice -candy analysed by the Public Analyst. He then divided the ice -candy into 3 equal parts, packed each part separately in dry clean bottles, and added 24 drops of formaline (40%) as preservative in each bottle. He then labelled and sealed the bottles in the presence of witnesses and handed over one of the said bottles to the Petitioner and sent another bottle to the Public Analyst. The third bottle was retained by him which was produced in Court. On receipt of the report of the Public Analyst stating that the said ice -candy was adulterated, P.W. 1 served a copy of that report on the Petitioner, and after getting sanction for prosecution from the proper authority he submitted the prosecution report to prosecute the Petitioner and his father under Section 16(1)(a) of the Act.

(3.) BOTH the Courts below on their own appreciation of the evidence on record have found the Petitioner guilty under Section 16(1)(a) of the Act and have convicted and sentenced him as stated above.