MEWA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 3-8-2002 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Jaunpur in Criminal Appeal No. 38 of 1998 dismissing the appeal in default and sending back the record for executing the sentence awarded to the applicant.

(2.) It appears that the applicant was tried in Criminal Case No. 1421 of 1992 for the offence punishable under Sections 7/16 of Prevention of Food Adulteration Act. The facts of the case were that on 24-11-1985 at about 2 p.m., the applicant was found exposing 22 kg. mustard oil for sale in village Pawara. P. S. Pawara, district Jaunpur. The Food Inspector inspected the shop of the applicant and suspecting adulteration in the mustard oil took sample of 375 grams mustard oil on payment of a sum of Rs. 4.50 P.as its price, vide receipt. The above sample was divided into three parts kept in separate dry and clean bottles and sealed separately. A spot memo was also prepared. One part of the sample was sent to Public Analyst for analysis and report. The Public Analyst, vide report dated 3-1-1986 reported that the sample of mustard oil contained 18% Tisi oil and was adulterated. After receipt of report of Public Analyst, a copy of the same was sent to the applicant and after obtaining sanction from the Chief Medical Officer, the Food Inspector filed complaint against him. The applicant was summoned by the learned Magistrate for trial under Sections 7/16 Prevention of Food Adulteration Act.

(3.) During trial, the prosecution examined Chandrakant Singh, Food Inspector (P.W.1) and Harihar Chaubey (P.W.2). The learned Magistrate on considering evidence of the prosecution held that applicant was found selling adulterated mustard oil and offence punishable under Sections 7/16 Prevention of Food Adulteration Act was made out against him. With these findings, he convicted him under Section 16(1)(a) of Prevention of Food Adulteration Act and sentenced him to undergo R.I. for a period of six months and pay a fine of Rs. 2000.00, vide judgment and order dated 31-8-1998.