RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 17 -3 -1986 passed by the Special/Additional Sessions Judge, Ghaziabad in criminal appeal No. 196 of 1985. By the impugned order conviction and sentence for the revisionist under Section 7/16, Prevention of Food, Adulteration Act, (hereinafter called the Act) has been maintained. The revisionist has been sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo further simple imprisonment for three months. The order of conviction and sentence has been passed by the then Judicial Magistrate, Ghaziabad on 4 -10 -1985 in case No. 1921 of 1983.

(2.) HEARD Sri Ravindra Singh, learned Counsel for the revisionist and the learned A.G.A. for the State.

(3.) THE report of the Public Analyst is of 26 -5 -1982. The prosecution case was instituted on 5 -5 -1983 in the Court. It has been contended that after receipt of the report of the Public Analyst, dated 26 -5 -1982 the case was instituted on 5 -5 -1983 and thus of about 11 months when the prosecution was launched. The contention is that the revisionist was deprived of his right of sending or challenging the report of the Public Analyst to the Director of Central Food Laboratory. Reliance has been placed on the case of Satrughna Behera v. Puri Municipality , 1968 Criminal Law Journal 123. Further reliance has been placed on the case of Ram Sajiwan Singh v. State of U.P., 2000(2) JIC 377 (All) : 2000 (41) ACC 118.