GULAB PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the judgment dtd. 18/8/2018 passed by Mr. Abhimanyu Lal Srivastava, Sessions Judge, West Champaran at Bettiah in Cr. Appeal No. 37 of 2018 by which he has confirmed the conviction and order of sentence dtd. 24/4/2018 passed by Mr. Manoranjan Kumar Jha, Sub Divisional Judicial Magistrate, Bettiah in G.R.No. 220C of 2003 (Trial No. 455 of 2018) finding the petitioner guilty under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'PFA Act') and sentenced to him to undergo rigorous imprisonment for one year with a fine of Rs.1000.00 and in default of payment of fine to further undergo simple imprisonment for one month.

(2.) Prosecution Case in short is that complainant (PW-2), namely, Md. Iqbal, along with his Peon, inspected the shop of the petitioner and introduced himself as Food Inspector and he found Haldi powder suspected to be adulterated and purchased 450 Grams of Haldi powder on payment for chemical examination as sample. It is said that the sample was equally divided into three parts. Each part of sample was labeled and wrapped with thick papers and packed and sealed as per provisions of the PFA Act and on next succeeding day, one part of the sample has been sent to Public Analyst, Government of Bihar, Agamkuan, Patna. It further appears that the report submitted by the local health authority/Public Analyst declaring that sample had presence of lead chromate which renders it injurious to health.

(3.) The prosecution report has been submitted to the learned trial court and two witnesses were examined on behalf of the prosecution i.e., PW-1 Ravindra Nath Choubey (Peon) and PW-2 Md. Iqbal (Food Inspector). On behalf of the defence, no witness was examined and he claimed to be innocence and of false implication. The trial court on conclusion of trial has convicted the petitioner under Ss. 16(1)(a)(i) of the PFA Act, 1954 and sentenced him accordingly. Against the judgment and order of the trial court, the petitioner has preferred Criminal Appeal No. 37 of 2018 which was dismissed by the learned District and Sessions Judge, Bettiah on 18/8/2018.