GOPAL SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision has been preferred by Gopal Sao, a resident of Aurangabad town in the district of Gaya, who has been convicted of the offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954, and sentenced to rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/ -, and in default to undergo rigorous imprisonment for two months by Shri Murli Prasad Sinha, Munsif Magistrate 1st class, Aurangabad and whose appeal has been dismissed by the Sessions Judge of Gaya.

(2.) It appears that on 18 -12 -1966 Mr. Abuzaffar Khan, a Sanitary Inspector of Aurangabad Notified Area Committee, acting as a Food Inspector, took certain quantity of mustard oil as sample from the shop of the petitioner in presence of his two peons. He divided the sample in three containers and gave one to the petitioner, sent another to the Public Analyst, Patna and kept the third one in his office. On receipt of the report of the Public Analyst showing that the sample sent to him was adulterated with linseed oil a prosecution was started against the petitioner with the result mentioned above.

(3.) Mr. Anjani Kumar Saran, appearing for the petitioner, has urged that the conviction of the petitioner cannot be maintained on account of the non -compliance of Rule 7 of the Prevention of Food Adulteration Rules and also for want of proper proof of the fact that the Sanitary Inspector of Aurangabad Notified Area Committee was authorised to act as a Food Inspector to take samples from the shop of the petitioner.