RAMESHWAR DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act for exposing for sale at his shop mustard oil which was adulterated. The sample of mustard oil was purchased by the Food Inspector on 7th Oct., 1977. Public Analyst to whom the sample was sent gave his report to the effect that the sample contained 8 percent of Tisi Ka oil and therefore, it was adulterated. On the receipt of the aforesaid report, the Chief Food Inspector submitted a report to the Chief Medical Officer for giving sanction for prosecuting the applicant. The Chief Medical Officer accorded sanction for prosecution.

(2.) The prosecution examined the Chief Food Inspector Sri R. P. Atrey. The accused only denied the charges levelled against him and stated that at his shop tins of mustard oil and Alsi ka Tel were kept and the oil was being measured by one container. According to the accused the container contained oil from before and the Food Inspector took out the mustard oil from that container for the sample.

(3.) The trial court found the applicant guilty and convicted him under Section 7/16 of the Prevention of Food Adulteration Act and sentenced him to one year's R.I. and Rs. 1000.00 fine. Feeling aggrieved, the applicant preferred an appeal. The appellate court maintained the conviction but reduced the sentence by minimum of six months' R. I. instead of one year and a fine of Rs. 1000.00. Feeling aggrieved, the applicant has filed the present revision.