GAURI SHANKAR Vs. STATE

JUDGEMENT

(1.) The applicant was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter described as "the Act").

(2.) According to the prosecution case, on 14th Sept., 1977 the Food Inspector D.P. Singh visited the shop of the accused in the presence of Mohammad Yunus and found the applicant having stored mustard oil besides other articles of food and found him selling the same. The Food Inspector took sample of the mustard oil in accordance with law and sent the same to the Public Analyst, who reported that the sample of mustard oil was adulterated being mixed with 16 per cent of linseed oil. Written consent of the Chief Medical Officer, Gorakhpur was taken and thereafter the prosecution was launched against the applicant.

(3.) The trial court as well as the appellate court found the applicant guilty under Sec. 7/16 of the Act and sentenced him to six months R.I. and a fine of Rs. 1000.00.