RAMJEET Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred by Ramjeet against the judgment and order dated 30.3.2006 passed by Sessions Judge/Special Judge (Anti Corruption) Varanasi in Criminal Appeal No.2 of 2000 (Ramjeet Vs. State of U.P. And another) arising out of complaint case no.1484 of 1994 (State Vs. Ramjeet), under section 7/16 Prevention of Food Adulteration Act (in short P.F.A. Act), P.S. Cantt, District Varanasi, wherein the Magistrate convicted and sentenced the revisionist under section 7/16 of P.F.A. Act and sentenced him with six months rigorous imprisonment and Rs. 1000/ - fine with default stipulation and the criminal appeal was dismissed by Sessions Judge.

(2.) HEARD Sri A.K. Srivastava, learned counsel for the revisionist and learned AGA for the State and perused the record.

(3.) THE brief facts of the case are that revisionist was selling milk behind Andhrapool, P.S. Cantt, Varanasi on 17.6.1993 at 10 a.m. and was having no license for sale of milk. Upon suspicion of adulteration in milk, Food Inspector after introducing himself purchased 660 milliliter buffalo milk from the accused on payment of Rs.6.60 and after taking sample in accordance with rules sent it to Public Analyst for test. The report of Public Analyst concluded that the milk sample adulterated as 'milk fat' was deficient by 27% and 'milk solids not fat' were deficient by 26% in comparison to the prescribed standards. After obtaining sanction, the revisionist was prosecuted upon a complaint lodged against him under section 7/16 of P.F.A. Act. The evidence was recorded and trial court found the revisionist Ramjeet guilty of offence under section 7/16 P.F.A. Act and accordingly convicted and sentenced him for a rigorous imprisonment of six months and fine of Rs.1000/ - with default stipulation. Against the conviction order of the Magistrate dated 14.12.1999, the revisionist filed Criminal Appeal No.2 of 2000 before the Sessions Judge, which was dismissed by Sessions Judge/Special Judge (Anti Corruption) Varanasi vide order dated 30.3.2006. Feeling aggrieved with which the convict Ramjeet has preferred this criminal revision.