MADANLAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 05.12.2006 passed by Sessions Judge Balodabazar, Raipur in Criminal Appeal No.202/2005 affirming the judgment dated 12.07.2005 passed by JMFC, Balodabazar, in Criminal Case No.585/2004 convicting the accused/applicant under Section 7(1) read with 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for brevity "Act of 1954" ) and sentencing him to undergo RI for 8 months and pay fine of Rs.1500, plus default stipulation.

(2.) Case put-forth by the prosecution in brief is that on 19.10.1992 at about 5 PM the Food Inspector namely S.B. Mishra (PW-1) along-with Divisional Flying Squad Raipur inspected the grocery shop of the applicant situate at village Bhawanipur styled as "Madan Kirana Stores" which was being run by him without any licence. On suspicion, he purchased 900 grams of "Hard Boiled Confectionery" (Peppermint) by paying Rs.11 towards it and obtaining the receipt (Ex.P-5). This was done after giving notice in the prescribed form and the signature of the accused/applicant was also obtained thereon. The samples taken from the shop of the applicant were sent to the public analyst and the report (Ex.P-13) received therefrom opines the same to be adulterated and not conforming to the standard and norms prescribed under the Act of 1954 and the rules made thereunder.

(3.) Learned Magistrate vide its order dated 12.07.2005 found the accused/applicant guilty under Section 7(1) read with 16(1)(a) 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 05.12.2006.