JUDGMENT

MISRA, J. :- The petitioner is a shop-keeper at the daily market, Unit No. 1, New Capital, Bhubaneswar. At 9-50 a.m. on 30-11-1965, Sri B. Biswal, Food and Sanitary Inspector in the company of one D. S. Misra, Vigilance Sub-Inspector and R. K. Pal, A. S. I. of Police arrived at the shop of the petitioner. No independent witnesses were present. Sri V. S. Rao, Magistrate, 1st Class, Bhubaneswar went on mobile duty, followed the raiding party and remained at a distance. In presence of the Vigilance S. I. and the A. S. I., the Food and Sanitary Inspector seized 60 kg. of Motor (peas) and 10 Kgs of mustard oil. He submitted a prosecution report to the Magistrate Sri V. S. Rao giving the description of the offence thus :

"The accused is selling the food article such as Motor, Mustard Oil which is insect infested and the mustard oil is adulterated by mixing foreign matters. Hence is noxious and unfit for human consumption. So the accused is liable for prosecution under S. 273, Penal Code-Motor-60 kg. Mustard oil-10 kg."

2. The accused was produced before the Magistrate by the Food and Sanitary Inspector. The learned Magistrate stated the particulars of the offence under S. 273, Pena