MAHENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 31.01.2006 passed by Sessions Judge Raipur in Criminal Appeal No.302/2005 affirming the judgment dated 02.12.2005 passed by Chief Judicial Magistrate, Raipur in Criminal Case No.1034/2002 convicting the accused/applicant under Section 7(1) read with 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for brevity "Act of 1954" ) and sentencing him to undergo RI for six months and pay fine of Rs.1000, plus default stipulation.

(2.) Case put-forth by the prosecution in brief is that on 22.03.2000 at about 10 AM Food Inspector namely Jagdish Verma (PW-1) inspected the confectionery shop of the applicant. On suspicion, he purchased 700 grams of sweet item by paying Rs.14 towards it and obtained the receipt under Ex.P-3. This was done after giving notice in the prescribed form and the signature of the accused/applicant and other witnesses were also obtained thereon. The samples were taken and sealed in three packets. One of the samples was sent to State Food Laboratory, Bhopal and remaining two were sent to Local Health Authority. The report received from public analyst under Ex.P-11 opines the same to be adulterated.

(3.) Learned Magistrate vide its order dated 02.12.2005 found the accused/applicant guilty under Section 7(1) read with 16(1)(a)(i) 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 31.01.2006.