LAWS(GAU)-1986-3-4

STATE OF ASSAM Vs. SUBKARAN AGARWALLA

Decided On March 31, 1986
STATE OF ASSAM Appellant
V/S
SUBKARAN AGARWALLA Respondents

JUDGEMENT

(1.) The learned Munsiff Magistrate (J), 1st Class, Tezpur, in C.R. Case No. 368 of 1979 acquitted the respondent, Subkaran of the charge under section 7 nw section 16 of the Prevention of Food Adulteration Act, for short the TAct on the ground inter alia that a fresh consent under section 20 (1) of the Act is required after the certificate dated 7-7-1979 of the Director of the Central Food Laboratory, hence appeal to this Court.

(2.) The allegations in the complaint against the respondent is that on 20-2-1979, the Area Food Inspector Tezpur, purchased about 600 gms of Dhania powder for Rs. 2.40 from the respondent; and that the public analyst has given an opinion that Dhania powderT is adulterated as it contains approximately 3O% foreign pulse and millet starch; and that the respondent has committed an offence under section 7 nw section 16 (1) (a) (ii) of the Act manufacturing for sale, storing for sale and selling Dhania powder which is adulterated under section 2 (ia) (a) (c) of the Act.

(3.) The relevant portion of the consent dated 23-5-79 (Ext. 10) under section 20 (1) of the Act reads: Sri H. Gogoi. Area Food Inspector, Tezpur under the authority vested upon me vide Govt. order No. MPH. 122/67/113 dt. 9-8-61 to institute prosecution against the following offender under section 7 read with section 16 of the PFA Act for offence of minufacturing for sale, storing for sale and selling adulterated Dhania powder- for human consumption as it is adulterated under section 2 (ia) (a) (c) of the PFA, Act due to presence of approx. 3O% foreign pulse and millet starch.