KANHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. The applicant Kanhai Lal has been convicted under Section 7/16 of Prevention of Food Adulteration Act and sentenced to six months R. I. and Rs. 1000/- as fine. It has been found by the Courts below that on 3. 12. 83 at about 10. 30 a. m. the applicant was found selling mustard oil in his shop and the Food Inspector purchased the sample which was found adulterated by the Public Analyst Lucknow. The applicant exercised his rights and consequently his sample was also forwarded to the Director, Central Food Laboratory, Calcutta. The said report also indicates the presence of mixture in the mustard oil. Apart from this other deficiency was found in the mustard oil.

(2.) AT the time of admission of this revision it was argued that since the Public Analyst's report indicates 7% adulteration in the contents of mustard oil it should not come within the adulterated limits. Consequently this revision was admitted by Hon'ble V. P. Mathur, J. on the question of sentence only who has since retired. Hence, this revision has been listed for final disposal before this Court.