RAM BABOO GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This revision arises out of the judgment and order, dated 18-6-1982 passed by the learned Sessions Judge, Fatehpur in Criminal Appeal No. 108 of 1982. By that judgment and order the learned Judge up held the conviction of the applicant under Section 7/16 of the Prevention of Food Adulteration Act and sentenced him to suffer R. I. for six months and a fine of Rs. 1,000 passed by Sri M. C. Gupta, Special Magistrate, 1st Class, Fatehpur on 4-5-1982 in case No. 206 of 1981.

(2.) THE prosecution case is that the applicant was a sweetmeat holder. On 16-12-1980 the Food Inspector wanted to purchase Dhaniya stored along with other sweets for being used in preparation of vegetable. THE Inspector wanted to purchase 600 grams from him for the purpose of analysis but the accused applicant did not permit him to take the sample thereafter prevented him from taking sample and committed offence under Section 16 (1) (c) of the Prevention of Food Adulteration Act. After obtaining sanction a complaint was lodged.

(3.) ACCORDINGLY the revision is allowed and convictions and sentences passed by the learned Special Magistrate, 1st Class, Fatehpur and affirmed by the learned Sessions Judge, Fatehpur are hereby set aside. The accused appli cant is set at: liberty. He is discharged from the bail bonds. All interim orders are hereby vacated. Revision allowed. .