KANHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) KANHAI Lal, son of Lallu Gupta, r/o Baheri, PS Baheri, District Bareilly has filed this revision against his conviction and sentence recorded by the courts below. He was convicted under section 7/16 of Prevention of Food Adulteration Act and sentenced to undergo one.years' R.I. and to pay a fine of Rs. 2,000/- and the aforesaid conviction and,sentence was upheld by Sri Sushil Kumar, VIII Addl. Sessions Judge, Bareilly in Criminal Appeal no. 133 of 1981 arising out of Criminal case no. 1113 of 1980, State v. KANHAI Lal decided by Shri Mohammad Farroq Umar, Judicial Magistrate (F) Bareilly. :

(2.) IN brief the prosecution case was that Sri Ranjit Singh, Food INspector along with Deputy Chief Medical 0fficer, Bareilly and other officials had conducted special raid on the shop of the applicant on 26-12-1978 and demanded the sample of Besan from him but the applicant refused to offer the sample and also closed the shop and went away, thereby, the applicant had prevented Ranjit Singh, Food INspector from taking the sample of Besan. After obtaining the sanction of the Chief Medical Officer,, Bareilly, a complaint was filed against the applicant. The learned Magistrate after recording the evidence in the case and hearing the parties had found the applicant guilty of an offence punishable under section 7/16 of the aforesaid! Act and convicted and sentenced him as mentioned above.

(3.) NOTIFICATION no. 1207/XVI-II-722/55 dated 15-4-1968 reads as below :