NANHKU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.C. Gupta, learned counsel for the revisionist and learned AGA for the State.

(2.) THE revisionist Nanhku who was an accused in the trial Court, by way of filing this criminal revision has challenged the judgment and order dated 21.1.1995 passed by Judicial Magistrate, Ist, Mirzapur, whereby he was convicted under Section 7(5)/16 (1) (a) (ii) of the Prevention of Food Adulteration Act, 1954 read with Rule 50 of the Prevention of Food Adulteration Rules 1955 and sentenced to undergo rigorous imprisonment for one month and fine of Rs.300/-, in default of payment of fine, further to undergo rigorous imprisonment for fifteen days. THE judgment and order of conviction and sentence passed by the trial Court was challenged by Nanhku before the learned Sessions Judge, Mirzapur, by filing Criminal Appeal No.4 of 1995, Chandu and another Vs. State of U.P. and another, which was dismissed by the learned Sessions Judge, Mirzapur, affirming the conviction and sentence recorded against the accused Nanhku, vide judgment and order dated 19.8.1995. It is thus, the revisionist has challenged the judgment and order dated 19.8.1995 passed by the learned Sessions Judge in the aforesaid appeal and the judgment and order dated 21.1.1995 passed by the trial Court, through this revision.

(3.) THE Food Inspector namely Sri Salik Ram Prasad was examined under Section 244 Cr.P.C. and then the accused persons were charged under Section 7 (V) read with Sections 16(1)(a)(ii) of the Act, read with Rules 50 of the Rules. THE Food Inspector was cross examined under Section 246 Cr.P.C. THE prosecution further examined Sri A.A. Hasmi, Food Clerk of the Office of Chief Medical Officer, Mirzapur to prove the signature of the then Chief Medical Officer, Mirzapur on the sanction letter.