LAWS(GAU)-1984-1-8

STATE OF ASSAM Vs. BHAWARILAL

Decided On January 03, 1984
STATE OF ASSAM Appellant
V/S
BHAWARILAL Respondents

JUDGEMENT

(1.) This appeal is from the judgment of the Chief Judicial Magistrate, Sibsagar acquitting the respondents of charges under S. 16(I)(a)(i) of the Prevention of Food Adulteration Act (shortly, 'the Act').

(2.) On 12-5-73 the District Food Inspector, Sibsagar, Jorhat collected sample of arhar dahl from the premises of Tolaram Kundalia firm, A.T. Road, Jorhat, which the Public Analyst reported to be coloured with "Metanil Yellow" which was prohibited. The respondents, who were partners, were charged under S.16(I)(a)(i) of the Act to which they pleaded not guilty.

(3.) At the trial prosecution examined three witnesses while defence examined none. The Public Analyst was examined as a Court witness. The learned trial Court acquitted the respondents mainly on two grounds, namely, (i) the collection of the sample made by the Food Inspector was illegal, the notice being issued after the sample packets were numbered and a number put on the notice and (ii) the Public Analyst having not given the data of the analysis in his report the Court was unable to form any opinion about it and hence benefit of doubt would go to the accused. Hence this appeal.