BINDRABAN DAS Vs. NAGAR SWASTHYA ADHIKARI
LAWS(ALL)-1971-2-22
HIGH COURT OF ALLAHABAD
Decided on February 24,1971

BINDRABAN DAS Appellant
VERSUS
NAGAR SWASTHYA ADHIKARI Respondents


Cited Judgements :-

NAGAR MAHAPALIKA VS. MUSHIR AHMAD [LAWS(ALL)-1977-10-16] [REFERRED TO]
KANHAIYA VS. KASHI NATH TEWARI [LAWS(ALL)-1978-12-34] [REFERRED TO]


JUDGEMENT

- (1.)APPLICANT was convicted Under Section 16 (1) (a) (i) of Act No. 37 of 1954 and sentenced to a fine of Rs. 750/ -. In default of payment of fine, he was to undergo six months' rigorous imprisonment.
(2.)ACCORDING to the presecution, Sri. N. N. Dubey, Food Inspector, went to the shop of the applicant situated in Phullatti Bazar, Agra on 14-3-1962 at about 7. 35 A. M. and found him selling Ghee. He purchased 12 ounces of Ghee from the applicant, divided it into three parts, handed over one of them to the applicant and sent one to the Public Analyst for his examination. The report of the Public Analyst indicated that the sample contained a large pro-portion of Vegetable fat or oil foreign to pure Ghee. Accordingly, a complaint was filed against the applicant for exposing for sale adulterated Ghee.
2. The prosecution case was unfolded by Sri N. N. Dubey, Food Inspector, who had taken the sample. Applicant had pleaded not guilty and had denied that the sample was taken from him. He examined one Bhuri Singh, who stated that he had taken Ghee to deliver it to his son, who was studying in a educational Institution at Dayal Bagh and the Food Inspector had taken the sample from his Ghee.

(3.)THE trial Magistrate rejected the evidence of Bhuri Singh as unreliable and placing reliance on the evidence furnished by the Food Inspector convicted and sentenced the applicant.


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