RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this case petitioner was alleged to have sold 1500 gms. "Jalebi" to P.W. 1, Sushil Kumar. Food Inspector, on 14-10-1983 at his shop a village Seemalya. Distt. Kota. The 'Jalebis' were represented to have been prepared in 'vanaspati'. On the analysis of one of the three parts of the sample Jalebi, the Public Analyst reported the same to be adulterated under Section 2(i-a) (j) and misbranded under Section 2(ix) (c) of the Prevention of Food Adulteration Act. 1954 (the Act). On a complaint having been filed by the Food Inspector before him the learned Addl. Chief Judicial Magistrate, No. 2 Kota found the petitioner guilty of the offence under Section 7/16 of the Act convicted him as such and sentenced him to six months R.I. and Rs. 1,000/- as fine. In appeal the learned Sessions Judge confirmed the conviction and sentence of the petitioner. Hence this petition under Section 397, Cr. P.C.

(2.) Mr. Sunil Tyagi, the learned counsel for the petitioner urged that the delayed examination of the- sample by the Public Analyst and delayed filing of the complaint in Court by the Food Inspector vitiated the trial and therefore, the petitioner should be acquitted. I find no force in this argument.

(3.) The sample was taken on 14-10-1983 and was received by the Public analyst on 17-10-1983. The Public Analyst, prepared the report on 28-11-1983 and despatched the same to the Local (Health) Authority on the same day. The Local (Health) Authority accorded his written consent on 21-2-1984 to the Food Inspector to initiate prosecution of the petitioner and the complaint was filed on 22-2-1984.