J L ROY - COMPLAINANT Vs. AMRIT LAL DEY- ACCUSED

JUDGEMENT

(1.) THIS appeal is by the complainant, Shri J. L. Roy, Food and Health Inspector of Karimganj Municipality, and is directed against an order passed by the Sub -Divisional Magistrate (Judicial), Karimganj (hereinafter 'the Magistrate') acquitting the two respondents.

(2.) THE appellant lodged a complaint before the Magistrate with a prayer for prosecuting the respondents under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter 'the Act') for violation of Section 7 of the Act. He alleged in the complaint petition that the respondent stored and sold adulterated atta. He further alleged that on 20 -6 -70 respondent, Amrit Lal Dey, sold to him a sample of atta weighing 600 grams for 0.48 paise. He divided the sample into three parts, put each part into a container, handed over one such container to respondent Amrit Lal, sent one container to the Public Analyst, and retained the third one with him. He received a report from the Public Analyst who opined that the sample was adulterated. On necessary sanction having been obtained, the two respondents were charged by the Magistrate under Section 16 read with Section 7 of the Act. The respondents pleaded not guilty to the charges. The prosecution examined two witnesses, namely, the appellant as P. W. 1 and one Satya Nath Choudhury as P. W. 2.

(3.) THE Public Analyst, who sent in his report (Ext. 3) to the Magistrate gave the result of the analysis of the sample of atta sent to him as follows : Gluten ... 9.63% Total Ash ... 2.49% Alcoholic Acidity as H2 S04 (90% alcohol) ... 0.13% Powdered Rice and Maize ... Present". In his opinion the sample of atta was adulterated. Objections having been raised by the respondents to the Public Analyst's report (Ext. 3) the sample which had been given to them was sent to the Director of the Central Food Laboratory (hereinafter 'the Director'). The result of the analysis of the sample of atta by the Director was as follows : "Moisture (determined as specified) = 14.1% Total Ash = 2.6% on dry weight basis. Ash insoluble in dil. HCl = 0.07% on dry weight basis 20 Gluten = 9.8% on dry weight basis. Alcoholic acidity (with 90% alcohol) expressed as H S04 = 0.07% on dry weight basis. Rodent hair and excreta = Absent. Dirt and grit = Neligible. Microscopic examination = Wheat starch present". In his opinion also the sample of atta was adulterated.