DISTRICT MEDICAL OFFICER OF HEALTH Vs. BINDA PRASAD

JUDGEMENT

(1.) THIS revision petition has been preferred by the District Medical Officer of Health, Lucknow, and D. C. Srivastava Food Inspector, Goshainganj Lucknow, against the judgment and order dated 8th of December 1969, passed by the Pargana Magistrate. Mohanlalgani, Lucknow, convicting the respondent Binda Prasad of offence under Section 7/16 of the Prevention of Food Adulteration Act, and sentencing him to payment of Rs. 20/- as fine for the same or in default of payment of fine to suffer one week's imprisonment.

(2.) THE petitioners claim that the trial court illegally erred in awarding the sentence of fine of Rs. 20/- to the respondent as the minimum punishment which ought to have been awarded to the respondent for the commission of the said offence was imprisonment of six months and payment of Rs. 1. 000/-fine.

(3.) THE respondent did not file any appeal or revision against his conviction, but presently he does challenge his conviction. When revision petition has been filed by the District Medical Officer of Health and another against the judgment and order referred to above, then it is open to the respondent to challenge his conviction before us.