FOOD INSPECTOR Vs. G SATYANARAYANA
SUPREME COURT OF INDIA
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(1.)The appellant, Food Inspector visited the shop of the respondent where he was transacting food grains business. Suspecting that the respondent was involved in the sale of adulterated food items, the appellant purchased 750 grams of Red gram Dal and after compliance of the statutory formalities, sent one of the samples to the Public Analyst for its analysis. Upon analysis, the sample was found to be contained keshari dal which was held to be injurious to health and therefore the sample was proved to be adulterated and mis-branded. After obtaining the necessary sanction from the authorities, the appellant filed a charge-sheet before the Additional District Munsif against the respondent under S. 16 read with S. 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').
To prove the charges the complainant examined PWs 1 to 3, besides proving of Exhibits P1 to P16. Despite pleaded not guilty, the respondent did not lead any defence. The trial Magistrate acquitted the respondent mainly on the ground that the statement of PW-1 had allegedly not been corroborated by the other witnesses. The appeal filed against the order of acquittal was also dismissed by the High Court vide the order impugned in this appeal on the same grounds.
(2.)We have heard the learned counsel and perused the record.
(3.)Section 11 of the Act prescribes the procedure to be followed by the Food Inspector for taking the sample of food for analysis. The Food Inspector is required :-
(a) "give notice in writing then and there of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed under S.14A;
(b) except in special cases provided by the rules under this Act, divide the sample then and there into three parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such matter as may be prescribed:
Provided that where such person refuses to sign or put his thumb impression the food inspector shall call upon one or more witnesses and take his or their signatures or thumb impressions, as the case may be, in lieu of the signature or thumb impression of such person;
(c) (i) send one of the parts for analysis to the public analyst under intimation to the Local (Health) Authority; and
(ii) send the remaining two parts to the Local (Health) Authority for the purposes of sub-sec. (2) of this section and sub-sec. (2A) and (2E) of S. 13"
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