DESH RAJ Vs. STATE OF U P

JUDGEMENT

(1.) DESH Raj s/o Aya Ram resident of 183, Chukhuwala P. S. Kotwali, has filed this revision against his conviction under Section 7/16 Prevention of Food Adulteration Act and sentence of six months R. I. and a fine of Rs. 1,000/- affirmed by Sri V. K. Agarwal, Additional Sessions Judge, Dehradun, by his judgment and order dated 8-12-81 in Criminal Appeal No. 166 of 1980 arising out of criminal case no. 384 of 1980, Food Inspector v. DESH Raj. decided by Sri Sukhvir Singh, Munsif Magistrate, Dehradun. The learned Sessions Judge while confirming the conviction of the applicant had reduced the sentence of imprisonment from 9 months to six months R. I. and a fine of Rs. 1000/- Instead of Rs. 1500/-.

(2.) FOOD Inspector B. S. Jayra, PW 2 had filed the complaint against the applicant Deshraj under section 16 (I) (g) (i) (ii) of the Prevention of FOOD Adulteration Act (hereinafter referred to as the Act) in the court of the Judical Magistrate, Dehradun.

(3.) SRI Keshav Sahai, learned counsel for the applicant contended that in this case sample was taken on 30-6-78 by the Food Inspector and it was analysed by the Public Analyst on 28-7-1978. A copy of the report of the analysis was sent to the applicant on 9-4-1979 i.e. after 283 days of the taking of the sample and the complaint was filed in the court on 14-4-1979 i.e. after 288 days of taking of the sample from the applicant.