MUKAND LAL Vs. STATE

JUDGEMENT

(1.) This is revision petition by Mukand Lal. He has been convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to rigorous imprisonment for six months and to pay find of Rs. 1,000 or in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Sita Ram, Food Inspector purchased sample of maggaj kaddu 400 grams in weight for Rs. 3.20 on July 25, 1968 from the shop of the petitioner. He associated with him Mitter Sain. After the purchase of sample of maggaj kaddu, the Food Inspector served upon the petitioner notice intimating to him that he had purchased the sample of maggaj kaddu for analysis. Copy of the notice served of Food Inspector upon the petitioner is Exhibit P.A. The copy of the notice is signed by the petitioner. The petitioner executed receipt Exhibit P.B. in token of the Food Inspector having purchased maggaj kaddu from him for price of Rs. 3.20. That receipt is also signed by the petitioner. Report, Exhibit P.C. pertaining to the taking of sample for analysis drawn up by the Food Inspector is attested by Mitter Sain. The sample purchased was divided into three lots and each lot put into one bottle. The three bottles were closed with stoppers and sealed. One of the bottles was sent for analysis to the Public Analyst. By report Exhibit P.D. the Analyst gave the opinion that the sample was infested with insects to the extent of 12.7 per cent.

(3.) In defence, the petitioner inter alia, pleaded that he is not a karyana merchant but a commission agent that the sample of maggaj kaddu was not taken by the Food Inspector from his shop, that neither the notice nor the receipt had been signed by him and that the sample could have been infested with insects during the period when it remained in custody with the Food Inspector and the Public Analyst. He produced two witnesses to support the plea of his defence that he was not a karyana merchant and did not store maggaj kaddu. It was stated on his behalf that maggaj kaddu is not an edible article.