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1956 Supreme(All) 11

ROY
DIN DAYAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.N.Dwivedi

ROY, J.


( 1 ) THIS application in revision raises a question of considerable importance, namely, whether the provisions of Section 10 (2) of the U. P. Pure Food Act, No. 32 of 1950, are ultra vires of the constitution in so far as they lay down that in any proceeding under the Act a certificate of a public Analyst given under Sub-section (1) of that section shall be conclusive evidence of the facts stated therein. The applicant Din Dayal has been convicted under Section 42 of that Act read with Section 4. The charge against him was that on 3-7-1953, he sold adulterated ghee to the Food Inspector holding it out as pure ghee and that the article was not of the substance, nature and quality demanded by the purchaser. The Food Inspector, it is alleged, found the accused selling ghee as pure ghee. He purchased a quantity of the ghee and sampled it out in three phials and sealed them, and handed over one Of the sealed phials to the accused. One phial was sent to the Public analyst for analysis; and the report of the Public Analyst was that it was "grossly adulterated". The accused was prosecuted for contravention of Section 4 of the U. P. Pure Food Act, which enjoins that no person shall






















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