PURSOTTAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revison is directed against the judgment and order dated 24-06-1987, passed in Criminal Appeal No. 56 of 1987 by 6th Additional Sessions Judge Azamgarh, whereby the learned Sessions Judge upheld the conviction of the revisionist under Section 7/16 of Prevention of Food Adulteration Act recorded by Spl. Judicial Magistrate Azamgarh in Crl. Case No. 656 of 1985 however, learned 6th Additional Sessions Judge reduced the sentence of imprisonment from one year RI to 6 months RI and that of fine from Rs. 2000/- to Rs. 1000/-.

(2.) The fact giving rise to this criminal revision may be briefly summarized as under:- That on 30.10.1983 at about 11.00 hours P.W.1 Ram Ashrey Singh, Food Inspector took the sample of pulses of Archer from the shop of the revisionist Purushottam on payment of its price. The sample of 750 grams of pulses of Archer was divided in three parts, and each was sealed in three separate phials. The Signatures of the witnesses were obtained and a lable on each of the phials was pasted. One phial was sent for chemical examination and the remaining two phials were submitted to CMO office; that after receiving the report (Ex.Ka 4) from Sri Shiv Balak Singh, the Chemical Examiner, P.W. 1 Sri Ram Ashrey, Food Inspector, filed the complaint In the court of Spl. Judicial Magistrate Azamgarh to prosecute the revisionist for adulteration in Arehar pulses.

(3.) The charge under section 7 read with Section 16 of Food Adulteration Act was framed against the revisionist to which he denied.