MADAN Vs. STATE

JUDGEMENT

(1.) Madan, appellant, has preferred this appeal against the judgment and order passed by the learned III Additional Sessions Judge Azamgarh, convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to three years rigorous imprisonment and a fine of Rs. 1000.00. In default of payment of fine the appellant was ordered to undergo six months further rigorous imprisonment.

(2.) The prosecution case, in brief, is that on 6-12-1975 Nathji Prasad (P.W. 1) the Food Inspector took a sample of linseed oil from the shop of the appellant and upon analysis by the Public Analyst it was found to be adulterated inasmuch as the sample contained only 13% of linseed oil while the rest was mustard oil.

(3.) The appellant admitted that the Food Inspector took the sample from his shop but did not admit that it was adulterated.