JAGVIR Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This application in revision is by Jagvir, accused who Ins been convicted under Sec. 7/16, Prevention of Food Adulteration Act by Sri V.S. Kulshreshtha, IVth Additional Sessions Judge, Aligarh, who has maintained the sentence awarded to the applicant and has dismissed the appeal brought by him against his conviction. The sentence awarded to the applicant was rigorous imprisonment for six months and a line of Rs. 1,000.00, or, in default, further R.I. for six months.

(2.) The prosecution case was that on 30-11-1974 at about 2 P.M. the applicant Jagvir was exhibiting laddus of bundi for sale. 600 gms. of these laddus was purchased by the Food Inspector on payment of Rs. 3.60 paise and after service of a notice on the applicant these laddus were kept in three clean phials and were scaled. One of these was sent to the Public Analyst and it was found that the laddus were prepared with some oil other than ground nut oil. The prosecution of the applicant was, therefore, sanctioned by D.M.O.H. He was prosecuted and has been convicted as aforesaid.

(3.) It was not disputed that the accused himself did not prepare these laddus and lie did not give any warrantee in respect of the materials used to prepare these laddus and he had got these laddus from some one else and was merely selling them. It was urged that in consideration of this aspect of the matter the sentence of the applicant may be suitably reduced.