GOURI SHANKAR AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal revision arises out of the appellate order dated 24 -11 -1984 passed by Sri B. Panigrahi, Sessions Judge, Keonjhar, in Criminal Appeal No. 64 of 1983 upholding the conviction and sentence dated 16 -5 -1983 convicting the Appellant under Section 16(1)(a)(i) of Prevention of Food Adulteration Act and sentencing him to undergo R. I. for one year and to pay a fine of Rs. 1,000/ - and in default to undergo R.I. for six months.

(2.) THE prosecution case briefly stated is that on 30 -9 -1980 at 11.00 A.M., the Food Inspector (P.W. 1) visited the grocery shop of accused Gouri Shankar Agrawala at Joda and found that the accused had exposed for sale Harad dal for human consumption. P.W. 1; suspecting the Harad dal to be adulterated served notice on the accused expressing his (P. W. 1) intention to take the sample of the Harad dal for analysis and purchased 600 grams of Harad dal on payment of Rs. 2.70 paise. The sample was divided in three equal parts and kept in three clear dry bottles. The bottles were packed, levelled and sealed and the signature of the accused was taken on the sample bottles. One sample bottle along with the memorandum was sent to the Public Analyst by registered parcel in accordance with the legal formalities. The other two sample bottles were sent to the C.D.M.O., Keonjhar. The Public Analyst gave the report that the sample Harad dal was slightly adulterated. A copy of the report of the Public Analyst was sent to the accused. After obtaining the necessary consent of the C.O.M.O., P.R. was filed and thus the accused stood his trial and stands convicted and sentenced as above.

(3.) BOTH the trial Court and the appellate Court gave the finding that the Food Inspector has acted in accordance with the legal formalities and that the Harad dal in question was adulterated and the defence plea of warrantee is not reliable.