- (1.)This is an appeal filed by the State of Tripura against the judgment and acquittal of one Shri Ashu Ranj an Saha, Food Inspector working in Agartala Municipality, of the offences under Section 161 I. P. C. and Section 5(2) of the Prevention of Corruption Act (Act 2 of 1947) by Shri T. K. Pal, M. A. ,B. L. , Special Judge, Agartala in the Special Court case No. 1 of 1965.
(2.)The case of the prosecution, as brought out in the evidence, is that the respondent, who is working as Food Inspector in Agartala Municipality, visited the grocery shop of the complainant P. W. 4 Sachindra Chandra Datta in Battala Bazar at about 10 or 11 A. M. on 11-4-1964. The respondent seized 8 tins of mustard oil, weighing 17 to 18 seers, 2 maunds of turmeric and 5 seers of coconut oil from his shop, under the provisions of the Food Adulteration Act (Act 37 of 1954). After giving notice Ext. P-7 dated 11-5-1964 of his intention to take sample, the respondent took sample of 2 chhataks of mustard oil out of the seized oil. He paid the price for the same and gave Ext. P-8 receipt for the sample to P. W. 4 (Sachindra Chandra Datta). P. W. 4 (Sachindra Chandra Datta) protested that his commodities were not adulterated. The respondent, however, allowed the seized articles to be kept in the custody of P. W. 4 (Sachindra Chandra Datta).
(3.)On 17-6-1964, the respondent again visited the shop of P. W. 4 (Sachindra Chandra Datta) and asked him to give him a sample of turmeric seized by him. The respondent purchased a sample of the turmeric and gave P. W. 4 (Sachindra Chandra Datta) Ext. P-9 receipt dated 17-9-1964. P. W. 4 (Sachindra Chandra Datta) again told the respondent that he was unable to sell the seized articles and that he had no money to purchase more of the articles from the wholesalers and requested him to release the articles. The respondent asked P. W. 4 (Sachindra Chandra Datta) to see him in the office of Agartala Municipality.
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