LUTAWAN Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is a revision by Lutawan against a judgment and order of the learned III Additional Sessions Judge, Azamgarh in Criminal Appeal No. 97 of 1978 affirming the conviction and sentence passed on him by the learned Judicial Magistrate, II, Azamgarh.

(2.) The prosecution case was that the applicant Lutawan had a sweetmeat shop in the Bazar of Azamgarh city and that on 31st of Aug., 1975 at 1.45 p.m. the Food Inspector Sri Nath Ji Prasad purchased sample of Besan ki Barfi from the shop of the applicant and sent it for analysis to the Public Analyst who found that the Barfi was coloured with coal-tar dye viz. Metanil yellow, which was not permissible and, therefore, the article was adulterated.

(3.) The applicant pleaded not guilty. He denied the taking of the sample by the Food Inspector.