ARJUN PRASAD JAISWAL Vs. STATE OF C G

JUDGEMENT

(1.) BY this revision the present applicant has challenged legality and propriety of the judgment dated 27.8.2001 passed by the Sessions Judge, Ambikapur, Surguja, in Criminal Appeal No.117/99, affirming the judgment of conviction and order of sentence dated 27.9.99 passed by the Judicial Magistrate First Class, Ambikapur, in Criminal Case No.49/99, whereby & whereunder the Judicial Magistrate First Class after holding the applicant guilty for commission of adulteration of food i.e. rasgulla convicted him under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act, 1954') and sentenced to undergo R.I. for one year and fine of Rs.1000/-, in default of payment of fine to further undergo R.I. for three months.

(2.) AS per record, the present applicant is a hotel shopkeeper, he was running his hotel business in Nawapara Fundurdihari Ward No.1, Ambikapur City, he was in possession of the food article laddu, peda, rasgulla etc. and other articles for selling. Considering the colour of rasgulla, after giving notice showing intention of analyzing of food, the Food Inspector purchased rasgulla and after following the procedure prescribed kept the same in three polythene packets and sent for analysis, finally same was found adulterated on the ground of presence of metamil yellow colour. Prosecution was launched. After providing opportunity of hearing to the parties the Judicial Magistrate First Class, Ambikapur has convicted and sentenced the applicant as aforementioned. Same was challenged before the Sessions Judge, Ambikapur and while dismissing the appeal the Sessions Judge has affirmed the judgment of conviction and order of sentence passed by the trial Court.

(3.) AS regards the question of adulteration of food in terms of Section 2 (ia) (j) of the Act, 1954, Section 2 (ia) (j) of the Act, 1954 provides that if any colouring matter other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability. Section 2 (ia) (j) of the Act, 1954 reads as under:-