(1.) -Heard Sri Sunil Kumar holding brief of Sri M. K. Gupta, for the applicant in revision and the learned A.G.A. for the State.
(2.) THE applicant in revision faced trial under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (here-in-after referred to as the 'Act') on a complaint filed before Special Judicial Magistrate, Mohammadabad, Ghazipur. As per the complaint case, on 25.11.1993 a sample of 'gram dal' was collected from the shop of accused applicant, which on analysis by public analyst was found to contain 1% 'dal kesari' (lathyrus sativus). In short, the allegation against the applicant in revision was that 'kesari dal', which is injurious to health, was mixed with gram dal and thus the gram dal was adulterated within the meaning of Section 2 (1) (a) as defined under Section 2 of the Act.
(3.) LEARNED counsel for the applicant in revision submitted before this Court that when an order of conviction is challenged in appeal, it is incumbent upon the appellate court to examine evidence and other material and record clear cut findings with regard to the arguments advanced and issues involved in the appeal.