NATHURAM Vs. THE STATE OF U.P.

JUDGEMENT

(1.) The applicant was prosecuted under Sections 7/16 Prevention of Food Adulteration"Act.

(2.) On 20-11-1976 at 12.30 p.m. Shri Chet Ram Paliwal, Food Inspector, Mahoba, went to the shop of the applicant where he found that groundnut and Til oil were exposed for sale. The Food Inspector demanded the licence but the same was not produced. Thereafter the Food Inspector purchased 375 grams of ground-nut oil and took a sample in accordance with law. The sample was sent to the Public Analyst which was found to be not conforming the standard prescribed. After obtaining written consent of the Chief Medical Officer prosecution was launched against the applicant. Before the trial court the accused admitted everything except this that the measurement for selling ground-nut oil and the Til oil was the same and for that reason in the sample taken by the Food Inspector Til oil was also mixed. Before the trial court the prosecution examined Shri Chet Ram Paliwal (P.W.1) and Mohammed Ghani (P.W.2) to prove its case. The trial court found the applicant guilty under Sections 7/16 (1) (a) (i) (ii), Prevention of Food Adulteration Act, and sentenced him to six months R.I. and a fine of Rs. 1000.00. Feeling aggrieved, the applicant preferred an appeal which has also been dismissed.

(3.) In the present revision, learned counsel for the applicant has moved an application for adding another ground to the following effect:-