SHASHI KANT Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Shashi Kant against the judgment and order dated 4.7.81 by Sri R.R. Agarwal, Additional Sessions Judge, Mathura, in Criminal Appeal No. 242 of 1980 by means of which he upheld the conviction and sentence of the applicant under Sections 7/16 of the Prevention of Food Adulteration Act as recorded by Sri R.S. Garg, Chief Judicial Magistrate, Mathura.

(2.) Briefly stated the prosecution case was that on 7.9.1979 at about 6 p.m. S.N. Shukla, Food Inspector visited Sonkh Town in the district of Mathura and found the applicant Shashi Kant selling and exposing for sale mustard oil at his shop. The Food Inspector, suspecting this oil to be disclosed his identity and took a sample of the oil weighing 375 grams, M from the applicant and paid its price at Rs. 3.38. The Food Inspector also gave notice in Form VI to the applicant. He divided the sample into three parts and sealed them in three clean phials. One of them, when sent to the Public Analyst, Lucknow, and on being examined, was found to be adulterated. Sanction of the Chief Medical Officer was then obtained and a complaint was filed against the applicant, in which he has been convicted as aforesaid.

(3.) The applicant contended that he had no shop in Sonkh and examined two witnesses-D.W. Om Prakash and D. W. 2 Purshottam Das in proof of this contention. The testimony of these two witnesses was rejected on the ground that being of the same market, they were close to the applicant. But it seems to me that;the applicant could not have possibly examined better evidence than this because he examined two other persons of the same market, who stated that he had no shop in that market. It was, therefore, proved that he had no shop in Sonkh town.