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1973 Supreme(Pat) 18

NARAIN
Sarjug Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Mr. Debendra Narain Sinha.
For the State :Messrs K. P. Verma, Government Advocate, and Shyameshwar Dayal.

JUDGMENT

Narain, J.

For an offence under section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954, hereinafter to be referred to as the “Act”, the petitioner was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default, to undergo further rigorous imprisonment for three months. This was affirmed on appeal by the Sessions Judge of Monghyr. The present revision application is directed against the conviction and sentence as set out above.

2. The petitioner has a grocery shop in village Pursottampur Katoria, within police Station Mufassil, district Monghyr. On the 11th January, 1967, Bishwanath Prasad (P.W. 1), Food Inspector, purchased sample of Haldi from the shop of the petitioner after observing due formalities and sent the same to the Public Analyst for examination and report. The Public Analyst found 4.0 parts per million of lead in the sample of Haldi sent to him and in his opinion the sample was adulterated due to its containing excess of lead. On this report, the Administrator, District Board, Monghyr, by his order dated the 8th March 1967 (Ext. 3/1) sanctioned prosecution, and on the 1st July, 1967, Bishwanath

















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