HARI SHANKAR Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of a learned Sessions Judge, Etah dated 15.9.1972, dismissing the appeal filed by the applicant. It appears that the applicant, along with one Jwala Prasad, was prosecuted for the offence u/s 7/16 of the Prevention of Food Adulteration Act.

(2.) The case of the prosecution was that Jawala Prasad was a vendor at Railway Station, Kasganj. Hari Shanker was the vendee contractor, JM. E. Railway, at Railway Station, Kasganj. On 21st of Dec. 1970 at about 10 A.M. the Food Inspector checked the vendor Jwala Prasad, who was selling 'Laddoo' there, and suspecting adulteration gave notice to him and obtained sample therefor. The sample was sent to the Public Analyst, who reported that the sample of Laddoos was coloured with coal-tar dye, which is not one of the coal-tar dyes permitted for use in food stuffs under Rule 28 of the prevention of Food Adulteration Rules, 1955. The applicant and Jawala Prasad both were found guilty by the Magistrate. Jawala Prasad was sentenced to a fine of Rs. 500.00 where as the applicant was sentenced to pay a fine of Rs. 1000.00.

(3.) The appeal filed by these persons was dismissed by the learned Sessions Judge. Hari Shanker, the Contractor, has now filed the present revision.