LALJI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This revision has been filed by one Lalji who was convicted u/s 7/16 of the Prevention of Food Adulteration Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000.00.

(2.) According to the prosecution case, the Chief Food Inspector, Jaunpur, Sri Suhdeo Prasad, had taken sample of the Teesi Oil sold by the applicant on 29-5-1978. Proper notice for taking the sample was given. Its price was paid and receipt for payment of the price was obtained. The sample was divided into three parts. One of the samples was sent to the Public Analyst through the Chief Medical Officer, Jaunpur. Another sample was handed over to the applicant and the third sample was detained in the office of the Chief Medical Officer of Health, Jaunpur. The report of the analysis by the Public Analyst shows that the sample contained 62% of Teesi Oil and rest of the Oil was some edible oil. He, however, did not specify what were those oil or oils.

(3.) After receipt of the report of the Public Analyst sanction of the Chief Medical Officer of Health, Jaunpur, for prosecution of the applicant was obtained and the complaint was filed in the court of the Judicial Magistrate. The applicant denied that any sample was taken from him or he had given a receipt of payment of its price. He also denied having received the report of the Public Analyst. He further claimed that he was falsely implicated.