NAND LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant was convicted of an offence committed on 27th November, 1983, under Sections 7(1) and 2(1)(m) of the Prevention of Food Adulteration Act, 1954. The Appellant was running a grocery shop near the Roadways Bus Stand in Roorkee, District Saharanpur (now within Haridwar District in Uttrakhand). The Respondent No. 2, who was a Food Inspector, Nagar Palika, Roorkee, at the relevant point of time, went to the Appellant's shop on the aforesaid date and found the Appellant selling and exhibiting mustard oil for sale. The Respondent No. 2 purchased 375 grams of mustard oil from the Appellant and obtained a receipt from him. Subsequently, on the report of the Central Food Laboratory, Kolkata, the Appellant was charged under Section 7(1) read with Section 2(1)(m) of the aforesaid Act and on being convicted by the Special Judicial Magistrate (Economic Offences), Roorkee, was sentenced to one year's rigorous imprisonment and a fine of Rs. 2,000/-, and in default of payment of such fine, to undergo rigorous imprisonment for a further period of six months.

(3.) The Appellant preferred an appeal against the said order of the learned Magistrate before the IVth Additional District & Sessions Judge, Saharanpur, being Criminal Appeal No. 168 of 1986, which was dismissed on 7th January, 1988. Aggrieved by the said order of the learned Additional District & Sessions Judge, the Appellant filed a revision petition before the Allahabad High Court in 2004, being Crl. Revision No. 195 of 2004. Upon bifurcation of the State, the said revision petition stood transferred to the Uttranchal High Court and was dismissed on 23rd March, 2006. The said order of dismissal of the revision petition filed by the Appellant is the subject matter of the present Appeal.