STATE OF ASSAM Vs. BANWARILAL PIPALWA

JUDGEMENT

(1.) By judgment and order dated 14-10-1988 passed by the learned Chief Judicial Magistrate, Kamrup at Guwahati in Case No.1485 C of 1986 and the accused person was found not guilty u/S. 16(1)(a) of the Prevention of Food Adulteration Act, 1954, for short Act. This court by order dated 16-6-89 took suo-motu action. Hence the present proceeding.

(2.) The case was instituted on an offence report dated 30-4-86 filed by the Food Inspector, Kamrup. According to the prosecution on 21-6-85 at about 2 p.m. Shri Goswami, the then Food Inspector, with his office Peon visited the premises of M/s. Mahabir Mistanna Bhandar, Silpukhuri, Guwahati and took sample of Dahi stored for Sale after observing all the formalities and by serving a notice in Form VI on the owner namely the accused. The Food inspector divided the sample into three parts- one part was sent to the Public Analyst, Guwahati along with a copy of the memorandum affixing seal impression of the seal used in the said sample in a sealed cover. Another copy of the memorandum was separately sent to the Public Analyst. Other two parts of the sample were kept with the Local Health Authority.

(3.) The Public Analyst found the Dahi as sub-standard and accordingly after obtaining sanction for prosecution, an offence report under S. 7 read with S. 16 of the Act was filed. Prosecution examined two witnesses and the accused pleaded not guilty and stated in his statement u/S. 313, Cr. P.C. that the curd was prepared for his own use from the milk purchased from 'Nepali'. The accused also stated that he did not receive the report of the Public Analyst. According to accused the three samples of the curd were not taken as required under the law.