PATNA MUNICIPAL CORPORATION Vs. DULARCHAND SAO

JUDGEMENT

(1.) This is an appeal by the Municipal Corporation of Patna in a case instituted upon its complaint. It is directed against the acquittal of the respondent of an offence alleged to have been committed by him under Section 16(1)(a) of the Prevention of Food Adulteration Act (Act No. 37 of 1954). 1954

(2.) The following facts which appear from the evidence adduced by the prosecution are not In dispute before me. Matiur Rah man (P W 1) was the food inspector of the Corporation On the 31st March, 1961, he visited the Kirana shop of one Ramlakhan Singh situated on the Bari Path at Patna and known as Magadh Kirana Store. He was accompanied by two jamadars of the corporation Hasan Abbas (P. W 2) and Brajendra Pd. Sharma (P W 3). At that time, the respondent was conducting the sales in the shop The food Inspector gave a written notice to the respondent of his intention to purchase a sample of turmeric (Haldi) for analysis. Thereafter he took six chhataks of turmeric from the respondent on payment to him of 0.47 nP. as its price and took receipt. Exhibit 3, from him. Thereafter he divided the article into three parts and put them in three separate phials He sealed all the three phials and took the signatures of the respondent and of P. W's 2 and 3 on all of them He also put his own signature thereon He then made over one of the sealed phials to the respondent; and out of the remaining two phials he subsequently sent one to the public analyst and retained the other in his custody. The report of the public analyst, Exhibit 5, which is dated the 6th May, 1981, disclosed that the sample in question was adulterated, inasmuch as it contained twenty parts per million of lead instead of the prescribed standard of not more than 2.5 parts per million. The matter was reported to the Chief Executive Officer of the Corporation and ultimately a complaint was filed in court For the prosecution of the respondent

(3.) The respondent tried to show that he was not a sales-man of the shop and that he was led to put his signature on certain papers under pres sure brought to bear upon him by the food inspector. He also took the plea that turmeric was not merely an article of food but also used for dying cloths