Basantu, son of Ram Pati, aged 40 years, resident of Lalganj, Police Station Deogaon Bazar, district Azamgarh has filed this appeal against his conviction under Section 7 (v) read with Section 16 (1) (a) (ii) of Prevention of Food Adulteration Act by Sri B. K. Rathi, learned Vth Additional Sessions Judge, Azamgarh on 13. 10. 1977 in Sessions Trial No. 543 of 1976. Appellant was sentenced to undergo one years R. I. a fine of Rs. 1000/- was further imposed upon him; in default he was to undergo three months R. I. ; he was further convicted under the same provisions for exposing for sale Kasri Dal (lathyrous Sativus) and sentenced to two years R. I. and a fine of Rs. 2000/- in default, he was to undergo three months R. I.

Appellant is a grocer in Lalganj. On 4. 12. 1975 In connection with special drive Sri Jagdamba Prasad Singh, Food Inspector (P. W. 1) posted in Palahani block in Azamgarh District under orders of Dy. C. M. O. (H) raided shop of appellant at 2. 00 P. M. alongwith a Sub-Inspector of Police Sri Achaybar Misra (P. W. 2 ). Appellant was found exposing for sale various food stuffs. Food Inspector disclosed his identity and served notice in form No. 6 (Ext. Ka-1) on appellant; he purchased 750 gms. Arhar ki Dal for Rs. 1. 70 P. 600 gms. Matar Ka Besan for Rs. 1. 30 P and 450 gms Haldi. He obtained separate receipts for payment of price of three articles vide Ext. Ka. 4 to Ka. 6. Each item of aforesaid articles was divided into three equal portions and such part was filled in phial. Labels were affixed on each phial on which necessary endorsements were made and signatures of appellant on each label were procured. Each phial was sealed. One sample phial of each item was made over to appellant regarding which Food Inspector prepared separate memos Ext. Ka. 7 to Ka. 9. Four copies of memorandum in respect of each item were prepared each memoran dum was impressed with the sample seal vide Ext. Ka. 10 to Ka. 12.

Remaining two phials of each sample and three copies of the memoran dum were deposited in the office of Dy. C. M. O. (H) on the very date i. e. 4. 12. 1975. One phial of each sample was sent by special

messenger to Public Analyst for analysis on 6. 12. 1975 by Sri Chandrama Rai, clerk of the office of Dy. C. M. O, (H) (P. W. 3 ). Report of Public Analyst about all items were received in the office of Dy. C. M. O. (H) which are Ext. Ka. 25 to Ka. 27. Sample of Arhar Ki Dal was found coloured by coalter Metanil, use of which was prohibited.

Matar Ka Besan was found containing Kasari flour (lathirus sativus) which contains poisonous substance injurious to human health vide Ext. Ka. 26.

Sample of Haldi was found coloured with lead chromate use of which was prohibited. Thus, all the three samples were found adulterated. Food Inspector was directed to launch prosecution against appellant by Dy. C. M. O. (H) vide orders Ext. Ka. 13 to Ka. 15.

Food Inspector sent copies of the reports of Public Analyst Ext. Ka. 25 to Ka. 27 to the appellant by registered post on 21. 1. 1976 vide postal receipts Ext. Ka. 16 to Ka. 18.

Complaints Ext. Ka. 19 to Ka. 21 were submitted against appellant after procuring necessary sanction for prosecution Ext. Ka. 22 to Ka. 24 respecti vely from Dr. P. B. Ghosh, Dy. C. M. O (H), Azamgarh.

Appellant in his statement, denied the sampling; he expressed ignorance about findings recorded by Public Analyst; he alleged his ill-will with Inspector.

Prosecution examined three witnesses in support of their case viz Food Inspector Jagdamba Prasad Singh (P. W. 1) who narrated prosecution story and proved documents Ext. Ka. 1. to Ka, 24 aforesaid; second witness who happened to be present at the time of sampling was Sub-Inspector Sri Achaybar Misra (P. W. 2) who signed Ext. Ka. 1.

Chandrama Ral (P. W. 3) is clerk of the office of Dy. C. M. O (H), Azam garh, who received these samples and sent them to Public Analyst through special messenger on 6. 12. 1975 and made over reports to Food Inspector