RAMADHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 23.11.2005 passed by Additional Sessions Judge Mungeli, Bilaspur in Criminal Appeal No.44/2004 affirming the judgment dated 22.12.2003 passed by JMFC, Mungeli in Criminal Case No.766/1994 convicting the accused/applicant under Section 7(16) of Prevention of Food Adulteration Act, 1954 (for brevity "Act of 1954" ) and sentencing him to undergo SI for six months and pay fine of Rs.1000, plus default stipulation.

(2.) Facts of the case in brief are that on 21.04.1994 Food Inspector K.N. Mishra (PW-2) took sample of wheat flour by paying Rs.4.50/- from the grocery shop of accused/applicant vide receipt Ex.P-2 and sent the same to public analyst for examination. As per the examination report dated 30.05.1994 marked as Ex.P-12 the sample of wheat flour was found to be adulterated. As the Public Analyst found the sample to be adulterated and not conforming with the standards and norms prescribed under the relevant rules, a complaint was filed before the JMFC, Mungeli by the Food Inspector on 19.10.1994.

(3.) Learned Magistrate vide its order dated 22.12.2003 found the accused/applicant guilty under Section 7(16) of the Act of 1954 and imposed the sentence on him as referred to above. In appeal also the findings recorded by learned Magistrate have been maintained as a whole vide judgment under challenge in this revision petition dated 23.11.2005.