BAJRANG LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has been convicted for the offence under Section 3/16 of the Prevention of Food Adulteration Act, 1954 (here in after referred to as 'the Act') by the Chief Judicial Magistrate, Sawai Madhopur and sentenced to six months simple imprisonment and a fine of Rs. 1,000 and in default of payment of fine he has to further undergo three months simple imprisonment. This decision was confirmed in appeal No. 221/79 by the Sessions Judge, Sawai Madhopur by order dated 2nd July, 1985. Against this the present revision petition has been filed.

(2.) SOME dates relevant for our purpose may be mentioned. 450 Grams of Ajwayan was purchased by Shri Kalyanmal Sharma on 26th August, 1976. The accused petitioner is a shop keeper. The sample collected was sent to the Public Analyst for analysis and on 30th September, 1976, the Public Analyst prepared his report and found that there were live insects in large quantity in the sample. This report was sent to the Food Inspector for obtaining sanction for the prosecution of the petitioner and this sanction was given on 3rd November, 1976. The complaint was filed on 26 -11 -1976 and for the first time the accused appeared before the court on 3 -9 -1977.

(3.) RULE 9(j) of the Rules, provides that after receipt of the report of the Public Analyst in Form 3, the Food Inspector is to send a copy of the same to the person from whom, the sample was purchased. This rule falls within the rules which lay down the duties of the Food Inspector. In the present case, the Food Inspector did not send the report to the person from whom the sample was purchased He only believes that the report of the Public Analyst was brought to the knowledge of this petitioner by the Chief Medical and Health Officer. For this, there is no proof on record.