KHOBHARI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under sections 397 and 401 of the Code of Criminal Procedure has been filed by Khobhari Sah against his conviction under section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentence of six months 'rigorous imprisonment plus a fine of Rs. 1,000/- and in default of payment of fine 11/2 months' rigorous imprisonment imposed upon him for the offence under the said section by the trial court, on appeal his conviction and sentence were upheld by the appellate court. Hence this revision application.

(2.) The petitioner was convicted for possessing mustard oil for sale which was found adulterated.

(3.) In order to appreciate the points involved in this application, it will be necessary to state brieiiy the facts. On 30th of August, 1966, the Food Inspector Strughan Prasad Singh (P. W. 1) visited the Kirana shop of the petitioner and purchased 6 chattaks of mustard oh as sample from him out of the stock of oil which the petitioner was possessing for sale. A notice under Form VI prescribed under the Act was served upon the petitioner and the sample was purchased in the presence of two witnesses, namely, P. Ws. 2 and 3. Thereafter P. W. 1 put the oil purchased as sample in three phials and duly sealed the same in presence of those witnesses and the petitioner. Their signatures were also obtained on the notice aforesaid as also on the cash memo regarding the purchase of sample of the oil. The sealed phials were wrapped in Form VIII on which the signature of the petitioner was taken. One of the sealed phials was given to the petitioner and another was kept by P. W. 1 and the third phial was sent to the public analyst from whom report was received after test. After obtaining sanction for prosecution of the petitioner the matter was reported to the Sub-divisional Magistrate, Sadar, Muzaffarpur for necessary action against the petitioner and thereafter the petitioner was put up for trial which led ultimately to his conviction and sentence as aforesaid.