JEOBODH Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision against the order dated July 17. 1981 passed by Sri R. P. Pandey, 11 Additional Sessions Judge, Faizabad. The prosecution case is that P. R. Gupta. Food Inspector, visited the shop of the accused on December 13, 1978 at 11 a.m. and took sample of imarti. On analysis it was found to have prohibited dye. P.W. i P. R. Gupta Food Inspector and P. W. 2 Ram Sunder Sanitary Supervisor were examined as eye-witnesses. The accused denied the charge. The learned Magistrate- sentenced the accused to one years R. I. and a fine of Rs. 2000.00under Section 7/16 P. F. A. Act. In appeal the sentence was reduced to six months R.I. with a fine of Rs. 1000.00. Aggrieved by this order the accused has come up in revision before this Court.

(2.) The occurrence took place on December 13, 1978. The Public Analyst's report is dated January 29, 1979. It was received in the Department on July 9. 1979. The sanction was obtained on October 16, 1979. On February 1. 1980 the case was filed in court. On January 30, 1980 the report of the Public Analyst is alleged to have been sent to the accused by registered post. As already stated the case was filed on February 1, 1920. So it is clear that the mandatory provisions of Section 13 (2) were not complied with and as such the conviction of the revisionist cannot be maintained.

(3.) In the result, the revision is allowed and the order of conviction and sentence passed against the revisionist is set side. His bail bonds are discharged Fine, if paid, be refunded. Revision allowed