PANDHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Pandhari has filed this revision against the judgment and order dated 5th Jan., 1989 passed by Special Judge, Varanasi in Criminal Appeal No. 88 of 1988, while exercising the power under Sec. 391, Cr. P.C, directing the 1st Additional Chief Judicial Magistrate, Varanasi to record the additional evidence, if any, on the point of compliance of Rules 17 and 18 of the Prevention of Food Adulteration Rules against the judgment and order dated 12th Aug., 1988 passed by 1st Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 2416 of 1987 convicting the revisionist under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1,000.00and in default of payment of fine to undergo two months further R.I. Heard Sri V. Singh, learned Counsel for the revisionist and learned AGA.

(2.) It is contended that there is no compliance of mandatory provisions of Rules 17 and 18 of the Prevention of Food Adulteration Rules and remanding the case to the Trial Court to take additional evidence amounts to filling up the lacuna of the prosecution case.

(3.) Brief facts of the case are that on 16th Nov., 1986 P.W. 1 Ramashanker, Food Inspector inspected the shop of the accused. He took the sample of gram-pulse and sent it for analysis purpose. On receipt of report from Public Analyst, after obtaining the written sanction from the Chief Medical Officer, he filed a complaint against the revisionist. The revisionist appeared before the Trial Court and pleaded not guilty and contended that he has been falsely implicated in this case.