RAJENDRA KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Revision has been directed against the impugned judgement and order dated 25.5.1987 passed in Criminal Appeal No. 191 of 1984, Rajendra Prasad Sharma vs. State of U.P. by Sri D.M. Arya, III Additional District Judge, Bulandhahr, whereby the appeal was dismissed and impugned judgement and order passed by the trial court regarding conviction for the offence under Section 7/16 of the Prevention of Food Adulteration Act was confirmed.

(2.) Brief facts, arising out of this revision, are that on 14.12.1974 at about 7.45 A.M. accused was going through bicycle with buffalo milk for sale. He was checked at Balipura within the local limits of police station Kotwali by the Food Inspector. On the basis of suspicion, Food Inspector purchased 660 Ml. Milk after payment and same was filled in three phials according to the rules, wherein one sample was sent for Public Analyst. After getting Public Analyst Report, Lucknow, the same was found adulterated as fatty solid 63% and non-fatty solid was less than 63%. Thereafter, complaint was filed by the Food Inspector after obtaining sanction from Chief Medical Officer, Bulandshahar, against accused Rajendra Kumar Sharma and Sukhpal, whose name was disclosed by Rajendra Kumar Sharma, as an owner of the said milk. Both the accused were charged for the offence under Section 7/16 (1) (a) (i) P.F.A. Act, 1954, who pleaded not guilty and claimed to be tried.

(3.) After considering the evidence produced on behalf of the parties, accused Sukhpal was acquitted for the said charge but accused Rajendra was found guilty for the above charge and he was convicted for the said charge. He was sentenced to undergo for a period of six months R.I. with file of Rs. 1,000/- Thereafter, accused Rajendra preferred Criminal Appeal No. 191 of 1984, Rajendra vs. State of U.P. and others, which was dismissed by the appellate court and conviction and sentence was affirmed.