MUNICIPALITY JAMMU Vs. BALOURI LAL AND ANOTHER

JUDGEMENT

(1.) This is an appeal against the acquittal filed by the Municipality, Jammu against the respondents who were tried under section 7/16 of the Jammu and Kashmir Prevention of Food Adulteration Act and were acquitted by the learned Judicial Magistrate First Class, Jammu, vide his judgment dated 29-6-1970.

(2.) Briefly stated the prosecution case is that Shri Bansi Lal, Food Inspector, Jammu seized a sample of Sarsoon oil from the respondent who was having in his possession ten tins of Sarsoon oil 'C' mark. He purchased 375 Grams of the said oil in the manner prescribed by law in the presence of the witnesses for analysis and the oil was divided into three equal parts ; bottled in dry and clean bottles. The bottles were labelled, stoppered, secured and then wrapped in a thick paper. The bottle was then sealed. Necessary memos were prepared. One of the seized bottles was handed over to the respondent Shri Balmakund while the second bottle was sent to the Public Analyst, Jammu, and the third was retained by the Food Inspector. A copy of the memo and the specimen impression of the seal used to seal the packet was also sent to the Public Analyst, Jammu along with the sample. The Public Analyst, Jammu, certified that the sample of oil did not conform to the legal standard prescribed for Sarsoon oil, but confirmed to the standard Laid down for caster oil. The respondents were thereupon after the receipt of the report proceeded with and tried before the learned Judicial Magistrate 1st Class, Jammu.

(3.) The respondents in their statements pleaded not guilty to the charge levelled against them. They pleaded that the sample was not the sample of Sarsoon oil, and that the Food Inspector had obtained the sample from a tin on which it was clearly marked, "Oil not fit for human consumption", and thus there was no voluntarily, sale of any article of food and oil had been sold on the insistence of the Food Inspector.