TEZPUR MUNICIPAL BOARD Vs. MOHANLAL TIBRIWAL

JUDGEMENT

(1.) THIS is an appeal with special leave under Section 417 (3) the criminal P.C. against the order of the Magistrate First Class (J), Tezpur, dated 27.11.1970 passed in C.R. Case No.1217 of 1969, acquitting the respondents Mohanlal Tibriwal and Jugal Kishore Tibriwal of the charge under Section 16 read with Section 7 (i) of the Prevention of Food Adulteration Act,1954, hereinafter called the Act. The case was instituted upon a complaint filed by the Chairman of the Tezpur Municipal Board, the appellant herein. The relevant facts may be stated in brief as below: - On 13.2.1969 Shri K.K. choudhury, Urban Health Inspector, Tezpur, took samples of mustard oil from two tins in six bottles (in three bottles from each tin) from the premises of Shri Ganesh Das Oil and Rice Mills, Tezpur, in accordance with the relevant provisions of the Act and the Rules thereunder, on payment of the price thereof to respondent No.1, Shri Mohanlal Tibriwal in presence of the respondent No. 2, Jugal Kishore Tibriwal, who is said to be a partner of the firm, owning the mill. After this, two bottles -one from each tin, were sent to the Public Analyst at Shillong for analysis. The Public Analyst, who received the sample on 21.2.1969, submitted his reports (Exts.4 and 5) on 19.4.1969 to the effect that the samples did not conform to the standard. It was stated in each report that trace of sesame oil was present. The other ingredients were found according to the prescribed standard. After receipt of the reports of the Public Analyst, the Chairman of the Municipal Board lodged the complaint in Court on 14.5.1969 and accordingly both the accused respondents were summoned under the aforesaid section. On 29.1.1970, before any evidence was adduced in the case, the complainant, filed a petition before the Court under Section 13 (2) of the Act for sending the samples given to the accused, to the Central Food Laboratory. This application was posted for hearing on 16.2.1970. As, on this date the respondents remained absent without showing any cause, the Magistrate ordered for sending one of the sample bottles retained with the complainant to the Director of Central Food Laboratory, shortly the Director. On the same day, a sample bottle taken from the possession of the complainant was sent by the Magistrate to the Director. The Director received the sample on 24.2.1970 and after analysis submitted a report (Ext.9) on 18.3.1970 with the opinion that the sample was adulterated. The report reveals that the saponification value in the oil was found to be 177.4 i.e. 1.4 in excess of the prescribed limit. The other ingredients were found to be within the limit. The report does not indicate that any trace of sesame oil was found in the sample.

(2.) ***

(3.) AFTER receipt on the report of the Director, the complainant examined two witnesses, namely, K.K. Choudhary, Urban Health Officer, Tezpur (P.W.1) and Shri Milan Das (P.W.2) an employee of the Municipal Board and upon their evidence a charge under Section 7 (i) of the Act read with Rule 44 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules) was framed against the respondents on the allegation that they manufactured and stored adulterated mustard oil for sale. Both the respondents pleaded not guilty. Respondent No.1 denied that any adulterated mustard oil was stored by him. Respondent No.2 stated that he had no connection with the Mill in question. No evidence was, however, adduced on behalf of the defence.