DANESHWAR PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The present revision petition is directed against the judgment dated 7.2.1997 passed by the Additional Sessions Judge, Balodabazar, Dist. Raipur in Criminal Appeal No. 74/1989 whereby the conviction of the applicant under Section 7/16 of the Prevention of Food Alteration Act (for short the Act) for selling of adulterated groundnut oil and sentence of one year R.I. and also to pay a fine of Rs. 1,000/- in default of fine amount, additional R.I. for six months passed in Criminal Case No.310/1982 by the Additional Chief Judicial Magistrate, Balodabazar vide judgment dated 10.5.89 was affirmed.

(2.) In Court below there were two accused. Present applicant-Daneshwar Prasad and Gajendra Prasad were convicted by the Court below as above. But in appeal, Gajendra Prasad was acquitted of the charge mentioned as above. Therefore, this appeal is filed by the applicant against judgment as above.

(3.) Brief facts of the prosecution case is that on 20.2.1982 Food Inspector H.C. Panji P.W.-1 visited the shop of the applicant and after introducing himself he purchased 375 grams of groundnut oil after giving him notice under Form No.6 and paid price thereof. After completing necessary formalities he sealed equal quantity of oil in three separate purified bottles. After taking the signature of the applicant and other witnesses on the sealed bottles, he prepared panchnama and thereafter sent one sample to Public Analyst, Bhopal vide Ex.P-4. Report of Public Analyst is Ex.P-5, according to which, the sample of groundnut oil is found adulterated (does not confirm to the standard as laid down in Food Adulteration Rules, 1955). After receipt of report from Public Analyst, a complaint was filed before the Additional Chief Judicial Magistrate, Balodabazar.