(1.) This criminal revision is preferred by the revisionist against the judgment and order dated 27.07.2013 passed by the learned Additional Chief Judicial Magistrate, Kashipur, District U.S. Nagar in Criminal Case No. 935 of 2008, whereby the revisionist was convicted for the offence punishable under Section 7 (1) r/w Section 16 of the Prevention of Food Adulteration Act, 1954 sentenced to undergo six months simple imprisonment and a fine of Rs. 1,000. The revisionist has also challenged the judgment dated 20.09.2014 passed by learned Additional Sessions Judge, Kashipur, District U.S. Nagar in Criminal Appeal No. 177 of 2013, whereby the appeal preferred by the revisionist was dismissed.
(2.) Brief facts of the case are that the Food Inspector purchased the adulterated cream from the present revisionist weighing 300 ML on payment of Rs. 19.50/- for which receipt was granted. The necessary formalities were thereafter complied with by the Food Inspector. The sample was collected. The sample was sent to the analyst and as per the report of the analyst, the product was adulterated. Accordingly, an FIR was lodged against the revisionist.
(3.) After investigation, the Investigating Officer filed a charge sheet against the accused revisionist. Based on the same, charges were framed and the Court below has convicted the revisionist for the aforementioned offence.