U AHMED HUSSAIN Vs. INSPECTOR TEA WASTE CONTROL TEA BOARD INDIA NILGRIS
LAWS(KAR)-1966-1-16
HIGH COURT OF KARNATAKA
Decided on January 17,1966

U.AHMED HUSSAIN Appellant
VERSUS
INSPECTOR (TEA WASTE CONTROL) TEA BOARD INDIA NILGRIS Respondents

JUDGEMENT

- (1.)The Petitioners before this Court are the accused in the Court of the Additional First Class s Magistrate, Mangalore in C.C. No. 2888/64. They were prosecuted for storing tea waste without a licence. The charge against them was under Section 41 read with section 30(3) of the Tea Act of 1953 and Clause 3 of the Tea Waste (Control) Order 1959.
(2.)The prosecution case briefly stated is as follows: On 18th of February 1964, P.W. 1 who is an Inspector of the Tea Board, inspected the godown of the petitioners. He found a stock of 70 Kgs. Of tea waste stored in the premises packed in two chests, and they had no licence as required under the Tea Waste (Control) Order 1959. P.W. 1 therefore took one sample from the said stock in the presence of their Manager. T his sample was divided and packed in three tins, labelled and sealed by P.W.1. one sample tin bearing No. 10/SP/64 was handed over to the petitioners. Another sample seized was sent to the Public Analyst who has been duly appointed under the Prevention of Food Adulteration Act 1954 for examination and analysis. The report of the Public Analyst was that the sample sent to him did not confirm to the specifications prescribed for tea under the Prevention of Adulteration Rules 1955.
(3.)After the prosecution had examined their witnesses and close their case, the petitioners made an application to the court to send the sealed sample tin which P.W. 1 had left with them for examination and analysis to the Director, Central Food Laboratory. The Petitioners contend that under Section 13(2) of the Prevention of Adulteration Act the Court has powers to send the samples for examination to the Director of Central Food Institute. This application made by the learned Magistrate. The Petitioners have come up to this Court questioning the correctness of this Order rejecting this application.


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