ISHWAR LAL MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The revision application, Ishwar Lal Modi, was sentenced to two years' rigorous imprisonment in addition to a fine of Rs 1500/- (fifteen hundred) in default to undergo further three months' rigorous imprisonment under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (briefly the Act) for having adulterated Haldi. It appears that on 3rd October (sic) Om Prakash Gupta (P.W.I), the Food Inspector of Jhanja Block, purchased 600 grams of Haldi as a sample from the grocery shop of the applicant in village Dhamana within Police Station Jhanja in the district of Monghyr. He divided the sample into three equal parts. He sent one part to the Public Analyst for chemical examination, gave another part to the accused and kept the third with himself. On analysis it was found that the sample of Haldi was adulterated due to its containing lead chromate and excess of lead. The report of the Public Analyst is Ext. 4, dated 13th November, 1975. After that, sanction was obtained on 27th December, 1975 from the Administrator-cum- Development Authority of Monghyr and thereafter the prosecution was instituted by the Food Inspector as having been authorised by the Administrator. Cognizance under section 16(1) (a) of the Act was taken by the S.D.J.M., Jamui on 27th March, 1976. Thereafter the petitioner was placed upon trial and was convicted and sentenced as aforesaid. The applicant denied guilt.

(2.) The point raised on behalf of the petitioner is that sanction was invalid because it was not granted by a competent authority and hence the prosecution launched in contravention of section 20 of the Act and as such the trial was illegal and without jurisdiction and, therefore, the conviction and sentence should be set aside. In my opinion the contention is sound. Prior to the amendment in 1976 the relevant portion of section 20 of the Act was as below :

(3.) For the foregoing reasons the revision application is allowed The conviction and sentence of the petitioner are set aside.