STATE OF ASSAM Vs. SUBKARAN AGARWALLA

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.