RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal Revision is directed against the appellate judgment dated 19th January, 1982 of the Court of learned IV Additional District and Sessions Judge. Banda by which he dismissed the appeal of the applicant and confirmed the conviction and sentence of six months R. I. and fine of Rs. 1,000/- under Section 16 of Prevention of Food Adulteration Act (in short the Act), recorded by Special Judicial Magistrate, Banda by his judgment and Order dated 14-10-1981, in Criminal Case No. 1101/1X/81.

(2.) I have heard learned counsel for the applicant and also the counsel for the State.

(3.) IT is strange that the report of the Public Analyst is dated 23rd January, 1979, the sanction was obtained from the Chief Medical Officer on 12-9-1979 and the complaint in the Court was filed on 20th February, 1980. This conduct on the part of the prosecution is deplorable. Even if, such information was available to the applicant that [he is being prosecuted in the court and the complaint is filed on 20th February,, 1980, it was not possible that the samples of the milk, that were kept with the Local Authority, were worth being examined, after more than one year. This callous attitude on the part of the Food Inspector and Public Health Department is highly reprehensible.