RAM AWADH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and Sri Sharad Dixit learned AGA for the State.

(2.) INSTANT criminal revision has been filed for challenging the order passed by Additional Sessions Judge/ Special Judge SC/ST Act Sultanpur dated 26.5.1997, by which criminal appeal filed against judgment and conviction under Section 16(i)(a)(i) of Prevention of Food Adulteration Act was dismissed.

(3.) THE allegation against the revisionist is that (Sri Abdul Hameed) Food Inspector visited the shop of revisionist on 11.7.1990 at about 9.30 A.M. where he found 10 Kg of mustard oil in tin for sale was kept in an open tin, at Bagiya Chauraha, P.S. - Gosainganj, District -Sultanpur. The Food Inspector purchased 450 gms. of the mustard oil. After completing all the formalities, food inspector sent one sample to Public Analyst, U.P., Lucknow with notice of Form -7 and remaining two samples were deposited with Local Health Authority. Public Analyst found the sample of mustard oil adulterated and found short in standard provided in the rules. The report was sent to Food Inspector, who approached the Chief Medical Officer, obtained sanction and filed a complaint. The revisionist was summoned. Statement of Food Inspector and one Kapil Dev Verma was recorded. After going through the evidence on record, the Magistrate convicted the revisionist under Section 16 (1) (a) (i) of Prevention of Food Adulteration Act. Criminal appeal, filed against the conviction and sentence, too was dismissed.