RATAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 4-9-1988 passed by the learned Sessions Judge, Almora. The trial Court had convicted the revisionist u/Ss. 7/16 of the Prevention of Food Adulteration Act, 1954 and sentenced the revisionist to undergo rigorous imprisonment of six months with a fine of Rs. 1000/- and in case of failure to deposit the amount of fine, to undergo rigorous imprisonment of one month.

(2.) Brief facts for the disposal of this revision are that the Food Inspector B. N. Dongal had taken the sample of mustard oil from the shop of the revisionist on 10-5-1988 at about 12.00 noon in the Village Kunwanli, District Almora. The said oil was purchased by the Food Inspector after making the necessary formalities as provided under the Act and the rule of the Prevention of Food Adulteration Act. Thereafter, he sent the sample to the Public Analyst for analysis. The public analyst vide its report dated 17-6-1985 found that there was ARGEMONE positive in the sample and the said article was found adulterated in view of S. 2(ia)(a)(c). Thereafter, the sanction was obtained from the C.M.O. and after obtaining the sanction on 27-9-1988, the complaint was filed by the Food Inspector against the revisionist.

(3.) After submission of the complaint, the Food Inspector B.N. Dongal was examined u/S. 244, Cr. P.C. and he proved all the allegations made in the complaint and thereafter, the accused-revisionist was charged u/Ss. 7/16 of the Prevention of Food Adulteration Act.