RAMESH KUMAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 24.08.2004 passed by Sessions Judge Sarguja, Ambikapur in Criminal Appeal No.133/2003 affirming the judgment dated 24.04.2003 passed by JMFC, Ambikapur in Criminal Case No.16/1999 convicting the accused/applicant under Section 7 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.2000, plus default stipulation.

(2.) Facts of the case in brief are that on 28.04.1991 food inspector R.S.Namdeo (PW-3) had purchased 3 packets of "Lipton Taza Tea" each containing 250 grams from the shop of the applicant by paying Rs.55.50 vide receipt Ex.P-6. Three sample of said articles were collected and kept in sealed packets. One of the samples was sent for obtaining the report of public analyst, Bhopal and the remaining two were kept in the office of the Local Health Authorities. The Public Analyst vide its report dated 30.05.1991 in form III under rule 7(3) of Prevention of Food Adulteration Rules had opined that the tea so sent for analysis was misbranded as even the proper label and batch number of the product was not superscribed thereon, which is evident from the report Ex-P.15. The same was received by the food inspector on 08.07.1991 and thereafter on 20.02.1992 a complaint case has been filed under section 16(1)(a)(i) of the Act of 1954 before the JMFC, Ambikapur against the applicant.

(3.) Learned Magistrate vide its order dated 24.04.2003 found the accused/applicant guilty under Section 7 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 24.08.2004.