SATISH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Satish Chandra against the judgment and order of Shri R.N. Tewari, Vll Additional Sessions Judge, Aligarh, dated 31-3-1981 passed in Criminal Appeal No. 1 of 1979, which was dismissed by him and the conviction of the applicant and the sentence imposed on him under Sec. 7 read with Sec. 16 of the Prevention of Adulteration Act were maintained.

(2.) Very briefly stated the prosecution case was that on 10-11-1974 the applicant was selling mustard oil at his shop in village Ladpur. Food Inspector M.P. Sharma, reached there, introduced himself and purchased 375 grams of mustard oil for Rs. 3.38. This oil was sealed in three dry bottles and notice in Form VI was given to the applicant to intimate to him the intention of the Food Inspector to send this oil for analysis. When, one of these bottles in which the sample had been sealed, was sent to the public analyst some linseed oil and considerable Til Oil was found mixed with this mustard oil. Since the oil was adulterated sanction of the Chief Medical Officer was obtained and after prosecuting the applicant, he has been convicted as aforesaid.

(3.) It was urged that the oil taken by the Food Inspector was described as mustard oil No. 2, which indicated that the oil was being sold as substandard mustard oil. This oil was described as mustard oil No. 2 because the applicant himself gave this description of the oil to the Food Inspector. It was, however, mustard oil and was being sold as mustard oil, therefore, the standard prescribed for mustard oil had to be complied with.