AMARESHWAR SAHAY, J. - (1.) THE petitioner was convicted for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo RI for a period of six months and also to pay a fine of Rs. 1,000/ -, in default to undergo SI for a period of one month by the SDJM, Dhanbad in PFA. Case No. 1/91 vide judgment dated 28.08.1992. The petitioner preferred appeal before the Sessions Judge. Dhanbad against the said judgment and conviction passed by the trial Court which was registered as Criminal Appeal No. 59/92. The said appeal was dismissed by the IVth Additional Sessions Judge. Dhanbad vide his judgment dated 3.3.1998 by affirming the conviction and sentence passed by the trial Court.
(2.) THE prosecution case in brief was that the Food Inspector S.K. Singh visited the grocery shop of the petitioner on 3.3.1990 and took samples of "haldi" by purchasing 450 gms. out of the stock kept in the shop on payment of Rs. 6.75 paise and he gave information to the petitioner that the sample was being purchased for test. Thereafter, the Food Inspector divided the said sample of "haldi"in three equal parts and thereafter complying all the formalities, sent one part of the sample to the Public Analysts, Coal Mines Area Development Authority, (Health) Dhanbad. It is said that after test, the Public Analyst found the samples of "haldi" to be adulterated and thereafter on receipt of the report of Public Analyst, the complaint case was lodged against the petitioner. The petitioner, on his appearance, challenged the aforesaid report of the Public Analysts and on his request, one part of the sample of "haldi" kept with the Local Health Authority, was sent to the Central Food Laboratory, Calcutta for analysis. The Central Food Laboratory, Calcutta also found the said "haldi" to be adulterated and thereby submitted his report.
(3.) IN order to establish the charge, on behalf of the prosecution, two witnesses were examined. One was the Food Inspector of Coal Mines Area Development Authority, Dhanbad namely Suman Kumar Singh as PW 1 who was the complainant in the case and the other witness was Ram Chandra Mishra, the Health Inspector, Coal Mines Area Development Authority as PW 2.;