MASHKOOR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Mashkoor I Ahmad accused against the judgment and order of Sri Munni Lal, 2nd Additional Sessions Judge, Rampur by means of which he rejected Criminal Appeal No. 248 of 1980 and upheld the conviction of the applicant in a case under I Sec. 7/16, Prevention of Food Adulteration Act, by Sri Dharampal, Chief Judicial Magistrate, Rampur.

(2.) On 5-11-1977 at about 4 P.M. the Food Inspector took 100 gms. of refined rapeseed oil from the applicant, paid Rs. 4.75 p. as its price, this was divided into four bottles and sealed and then one of the bottles sent to the Public Analyst was found to be adulterated. This led to the prosecution of the applicant and his conviction as aforesaid.

(3.) It was contended by the teamed counsel tor the applicant that tat was no prescribed standard for rapeseed oil and, therefor, it could not be said that the sample taken from the applicant was adulterated. The Public Analyst in his report said that the rapeseed oil conformed to the standard of imported rapeseed oil, but it did not show that it differed in any way from the standard prescribed for Indian rapeseed oil.