POTHI RAM Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Pothi Ram against the judgment and order dated 31-1-1981 by Sri O.P. Saxena, Sessions Judge, Bareilly. In Criminal Appeal No. 210 of 1980 by means of which he maintained the conviction of the applicant under Sec. 7/16, Prevention of Food Adulteration Act and the sentence passed against him.

(2.) The sole point raised in this revision was that Sec. 13(2), Prevention of Food Adulteration Act, had been breached in this case and the valuable right available to the applicant under this Sec. was denied to him. The evidence examined was that the Food Inspector stated that on 22-2-1978 there was an entry in the despatch register of the Chief Medical Officer which indicated that a copy of the report of the Public Analyst was sent to the applicant under a certificate of posting. This complaint was, however, filed after that on 3-3-1978 and even if a copy of the report of the Public Analyst was sent earlier it was not sent after the launching of the prosecution and there was no evidence to say that any information was also sent to the applicant to give him the option of getting the sample sent to the Director, Central Food Laboratory at Calcutta and to get it re-examined. The right available to the applicant under Sec. 13(2) of the Act, was, therefore, denied to him and, therefore, the applicant could not be convicted.

(3.) This revision is, therefore, allowed and the conviction and sentence of the applicant are hereby set aside. The applicant is on bail. He need not surrender and his bail bonds shall be discharged. Fine, if paid, shall be refunded to him. Revision allowed.