NAND LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been preferred against the impugned judgment and order dated 22 -10 -1983 passed by Sri Prem Singh, Session Judge, Ghazipur dismissing Criminal Appeal No. 115 of 1983, Nand Lal v. State & Anr. and affirming the judgment and order dated 7 -4 -1983 passed by Sri Harihar Shukl, Special Judicial Magistrate, Ghazipur whereby he convicted the appellant -revisionist under Section 7/16 of Prevention of Food Adulteration Act and sentenced him to undergo six months R.I. and to a fine of Rs. 1,000, and in default to undergo four months further R.I.

(2.) THE brief facts arising out of this revision, are that one Banshi Dhar son of Laxmi runs a grocery shop (Purtunee Shop) in village Saheri, Police Station Nandganj, District Ghazipur, Nand Lal -revisionist is said to be the sales -man at this ship. On 7 -12 -1980, at 4.00 p.m., Sri K.P. Srivastava, the Food Inspector, visited the shop of Banshi Dhar. At that time the owner was not present but one Nand Lal was present at the shop and was selling the articles to the customers. Suspecting that there was adulteration in the mustard oil, the Food Inspector made sample purchase of 500 grams of mustard oil after disclosing his identity. He divided this sample purchase in three parts and after completing formalities, sent one phial to the Public Analyst for examination report of the Public Analyst revealed that there was about 20 percent mixture of linseed oil in the sample. After obtaining the requisite permission from the Chief Medical Officer, Ghazipur, the Food Inspector filed a complaint against the revisionist and the owner of the shop Banshi Dhar.

(3.) TO prove its case, complainant examined himself as P.W. 1, Kamta Ram, a vaccinator was examined as P.W. 2. Baleshwar, Food Clerk in the officer of Chief Medical Officer was examined as P.W. 3.