BADRI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has been convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954, lor having sold or stored for sale adulterated black pepper (Kali Mirch). The trial Court had sentenced him to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 1,000, or, in default, to undergo rigorous imprisonment for two months more but, in appeal, the sentence has been reduced to rigorous imprisonment for three months and a fine of Rs. 500, or, in default, rigorous imprisonment for one month more.

(2.) It appears that, on the 31st January, 1963, the Health Officer of Motihari Municipality (P. W. 1) purchased a sample of black pepper from the grocery shop of the petitioner situated in Mohalla Meena Bazar; and, after observing the requisite formalities, he forwarded one packet of the article in sealed cover to the Public Analyst at Patna. The report of the Public Analyst, was to the effect that the sample of the black pepper was adulterated. Accordingly, with the sanction of the Chairman of the Municipality, the present prosecution was instituted against the petitioner.

(3.) The petitioner put forward a defence that he had been falsely implicated by the Health Officer (P. W. 1), who was inimically disposed towards him and who had really not taken the sample of black pepper from his shop,