RAJENDRA KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The criminal revision No.1227 of 1985 and Criminal revision No.1728 of 1985 arise out of the same judgment and are being disposed of by a common order.

(2.) In short, the Food Inspector Sri Gautam Singh inspected the R.K. Soda Water Factory at Ghaziabad at about 11-30 A.M. on 29-5-78; Sri Ravindra Kumar of Criminal Revision No. 1727 of 1985 was present. The Food Inspector after disclosing his identity purchased 1800 gm. of carbonated water on payment of Rs.36/- as its price and necessary formalities were completed. On analysis the samples of carbonated water were found adulterated containing saccharine. The bottles had no label for the same. The prosecution was launched against R.K. Soda Water Factory, Rajendra Kumar and Ravindra Kumar for the offences under Sec. 7(1) of the P.F.A. Act read with ruled of the P.F.A. Rules, 1954 punishable under Sec. 16(l)(a)(i) of the P.F.A. Act.

(3.) According to the prosecution case Rajendra Kumar was the proprietor of the Soda Factory and Ravindra Kumar was Sales Incharge. After trial, all the three accused were convicted and sentenced to 6 months R.l. and a fine of Rs.1,000.00 each in appeal, R.K. Soda Water Factory was acquitted. The. conviction and sentence of Rajendra Kumar and Ravindra Kumar were maintained. Feeling aggrieved, they have preferred the above noted revision.