JAGAT NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application, in revision, under Ss.397 and 401 of the Criminal P.C., directed against the judgement passed by Smt. Rekha Kumari, Sub-divisional Judicial Magistrate, Patna convicting the petitioners under S.16(1) of the Prevention of Food Adulteration Act and sentencing them to undergo R.I. for six months and also to pay a fine of Rs. 1,000/- (one thousand), in default, to undergo R.I. for three months. This order of conviction and sentence were affirmed in Cr. Appeal No. 144/68 of 1982 by the judgement dt. 8-2-83 passed by the 6th Addl. Sessions Judge, Patna, Shri T.L. Verma, who dismissed the appeal of the petitioners.

(2.) It appears that the Food Inspector had taken sample of atta and suji measuring 600 grams each from the shop of the petitioners running in the name and style of J.N. Stores on 28-12-77 situated at Daldali Road, Patna. The purchased sample was divided into three equal parts and was packed and sealed in the prescribed manner. Out of the three parts, one was despatched for analysis to the public analyst and the other two parts were retained in the office of the Food Inspector. It appears that the public analyst reported that the atta purchased from the shop of the petitioners was adulterated and, thereafter, necessary sanction was obtained and the case. against the petitioners was instituted. The petitioners were served with a copy of the report of the public analyst on 19-4-78.

(3.) On 29-4-78 the petitioner filed a petition in the court for getting that sample analysed by the Central Food Laboratory. The court ordered for sending the third sample to the Central Food Laboratory on the same day. But, it appears that the third sample was received from the Civil Surgeon office on 29-8-80 and, thereafter, the Central Food Laboratory analysed that atta on 24-6-81 and sent its report on the same day which indicated that the atta was adulterated.