SURENDRANATH PRADHAN Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Section 16 (i) (a) of the Prevention of Food Adulteration Act (Act 37 of 1954), hereinafter referred to as the Act, and sentenced to undergo R. I. for 4 months and to pay a fine of Rs. 301/ -, or, in default, to undergo R. I. for a further period of one month, and the same has been confirmed in first appeal.

(2.) FACTS of the case may be stated in brief; Petitioner runs a grocery shop at Mendhasal in P. S. Chandka Dist. Puri. On 4.1.1968 the Food Inspector (P. W. 1) after giving due notice (Ex. 1) to the petitioner purchased 375 gms, of mustard oil exposed for sale, from a tin as the former suspected the same to be adulterated. The price of the oil Rs. 1.87 was paid and acknowledged. After observing due formalities, sample of the said mustard oil was sent in a bottle to the Public Analyst who as per his report (Ex. 4) found the oil to be adulterated. Accordingly prosecution was launched against the petitioner who was convicted and sentenced as aforesaid.

(3.) ON his conviction, at first the appeal was heard by Shri A. P. Guru, Addl. Sessions Judge, Puri, who remanded the case as Ex.1 which was the notice to the petitioner, had not been brought to the notice of the petitioner in his examination under section 342, Criminal Procedure Code After remand the petitioner examined two more defence witnesses, but the same conviction and sentence stood.