STATE OF RAJASTHAN Vs. RAM CHANDER

JUDGEMENT

(1.) These two revision applications relate to the samples of 'Kesari Dal' taken by two Food Inspectors on the same day from the godown of the applicant. The applicant Ramchander of the firm Murlidhar Megraj of Jodhpur had 150 bags of 'Kesari Dal' in his godown. The godown was checked on 24th of Sept., 1973 by the Food Inspector, Municipal Board, Jodhpur Shri Vijaysingh, (ii) and after sometime by Shri Laxman Singh. Samples of 'Kesari Dal' were taken on payment. In the Panchnama it has been noted by the accused that 'Kesari Dal' was meant for the consumption of the cattle. The Inspector did not take objection to this endorsement. The accused was challaned on the complaint of both the Food Inspectors separately. The learned Chief Judicial Magistrate after perusal of the documents produced on behalf of the prosecution observed that it appears from the documents of the prosecution that the 'Kesari Dal' was meant for cattle-feed. He, therefore, discharged the accused.

(2.) The State has filed these revisions against the order of discharge in both the cases. The learned Public Prosecutor has submitted that 'Kesari Dal' is not merely a cattle-feed but is also meant for human consumption. He has pointed out that the Food Inspector has stated in his testimony that the accused stated before him that the 'Kesari dal' is used for preparation of 'Papad' etc. There is no such note on the respective 'panchnamas'. On the contrary there is note in the hand of the accused that it is meant for cattle-feed. The incident relates back to the year 1973. In view of the facts and circumstances of the case and more particularly the divergent version given by the Food Inspector and the note of the accused on the 'panchnamas', it will not be proper now to set aside the order of discharge and send the case back for a trial. No satisfactory evidence was brought on the record by the prosecution that the 'Kesari dal' is used as food article. It is true that the Food Inspector has stated that the accused had told him that the 'Kesari dal' is used for preparation of the papad but that appears to be rather an improvement, as no such note has been made in the 'Panchnama'. On the contrary in the panchnama the accused has stated in writing that it is meant for cattle-feed. In view of the foregoing discussion both the revision applications are dismissed. Applications dismissed.