P.N.Goel, J. - (1.) Har Swaroop, a milk seller, resident of village Panchli, police station Partapur, district Meerut, revisionist was convicted under Section 16 of the Prevention of Food Adulteration Act 1954 (hereinafter called the Act) and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/-. In default of payment of fine he was sentenced to undergo further imprisonment for three months. The conviction was recorded by the Judicial Magistrate Meerut. Appeal preferred by the revisionist was dismissed by VIth Additional Sessions Judge, Meerut.
(2.) Learned counsel for the revisionist has urged four points of law which are : (1) Sanction dated 28.2.77 accorded by the Chief Medical Officer was not valid, (2) Compliance of the provisions of Section 13(2) of the Act was not made, (3) Charge framed against the revisionist was defective, and (4) Compliance of Section 10 (7) of the Act was not made. To appreciate and determine the points raised by the learned counsel for the revisionist it is proper to narrate the facts of the case in detail. In the early morning of 30.9.76 M. L. Agrawal, Food Inspector of Jani area (P. W. 1), P. K. Goel, Food Inspector (P. W. 2) and D. V. Saxena, Food Inspector left their office on motor cycles. They reached near the 'Piyao' of village Paoti. At that time the revisionist was coming on a bicycle from the side of his village Panchil along with buffalo milk. On being asked by M. L. Agrawal the revisionist stopped there. M.L. Agrawal saw the milk and felt suspicious. Thereupon he told the revisionist that he would send sample of his milk for examination. He took 660 milli litre of milk on payment of Rs. 1.50 vide notice Ex. Ka/1 and receipt Ext. Ka/2. Thumb mark and signature of the revisionist were taken on both the papers. P. K. Goel, D. V. Sexena and one Om Prakash who happened to come there signed on the receipt Ex. Ka/2. The milk was filled in three bottles in equal quantity. In each bottle 18 drops of formalin of 40% strength were dropped. The bottles were then sealed. One bottle was sent to the Public Analyst on the same day vide letter Ex. Ka/3 and two bottles were deposited in office at Meerut. The public Analyst examined the milk and recorded his report on 4.11.76 saying that the milk was deficient in fat contents by 8% and in non-fatty solids by 24%. In this way the milk was found adulterated vide Ex. Ka/4. M. L. Agrawal then prepared report Ex. Ka/5 and submitted all the papers to the Chief Medical Officer, Meerut for according sanction for the prosecution of the revisionist. Sri B. K. Sharma, Chief Medical Officer accorded sanction on 28.2.77 vide Ex. Ka/6. M. L. Agrawal then filed complaint before the Magistrate on 10.3.77. The Magistrate took cognizance of the case and issued summons to revisionist. On 16.5.77 the revisionist appeared before the Magistrate and furnished bail bonds and then he was given relevant copies. On 8.7.77 M. L. Agrawal was examined. He was cross-examined in part. On 5.10.77 the revisionist was examined. On the same day the Magistrate framed charge. While questioning the revisionist and in framing the charge the Magistrate mentioned the place of taking sample as Panchli instead of Pavti, notwithstanding that the place of taking sample mentioned in the complaint as well as in the statement of M. L. Agrawal dated 8.7.77 was village Pavti. On 29.8.78 M L. Agrawal was further cross-examined. Then on 8.1.79 P. K. Goel (P. W. 2) was examined. On 26.3.79 the revisionist was examined under section 313, Cr. P. C. He stated that he would lead evidence in defence. On the same day Om Prakash, a witness on the receipt-Ex. ka/2- was examined as D.W. 1. The case was then adjourned for arguments on 16.4.79, 3.5.79 and 6.6.79 on account of the absence/illness of the counsel for the revisionist. On 13.6.79 the revisionist moved an application for summoning a record. On 20.6.79 the revisionist gave application praying that one of the bottles maintained in the office be called and sent to Director, Central Food Laboratory for analysis/examination. The Magistrate rejected the application on the ground that it was highly belated. The Magistrate, however, summoned Narendra Kumar, a Clerk in the office of the Chief Medical Officer because the grievance of the revisionist was that he had not received copy of the report of the Public Analyst as provided in Section 13 (2) of the Act. Narendra Kumar was examined as C. W. 1. on 27.10.79. On the same date the revisionist was further examined. The case was ultimately decided by the Magistrate on 28.1.80.
(3.) The legal points urged by the learned counsel for the revisionist may now be dealt with one by one: (1) Sanction Ex.Ka/6 is not on a printed form. It is a typed one. It bears the signature of Sri B. K. Sharma, Chief Medical Officer. It is reproduced below : Office of the Chief Medical Officer, Meerut No. C. M. O/F-3 (Consent)/77/29 dated 29/2/77. All the papers submitted by Sri M. L. Agrawal, Food Inspector, P. H. C. Jani, Distt. Meerut have been seen. Consent for institution of prosecution against Sri Har Swaroop S/o Sri Sheo Raj, village & P. O. Panchali, Police Station Partapur, Distt. Meerut is hereby given. Let prosecution be instituted against him in the court.";