LALDAS SAHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant was convicted under S.7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to three months' rigorous imprisonment and a fine of Rs. 500/- by the judgment of the Judicial Magistrate 1st Class, Special Court (Economic Offences), Hamirpur dated 24-8-1982 passed in case No. 16 of 1981. In default of payment of fine, he was ordered to undergo one month's rigorous imprisonment. He filed Criminal Appeal No. 124 of 1982, which was dismissed by the Special Judge (E. C. Act), Hamirpur by his judgment dated 4-12-1982. He thereafter filed this revision in this Court.

(2.) The case of the prosecution is that on 4-9-1979 at about 12.30 p.m. Nagendra Rai, Food Inspector (PW 1) purchased 750 gms. of Lahi oil on payment of Rs. 7.50 from the shop of the applicant in the market of qasba Rath Kot. It was divided into three phials and one of the phials was sent to the Public Analyst for analysis. The report of the Public Analyst (Ext. Ka 5) dated 23-10-1979 showed that the said sample was adulterated as it contained 4 per cent of Tisi oil. After obtaining the necessary sanction (Ext. Ka 7), the Food Inspector filed a complaint against the applicant under S.7/16 of the Act in the Court of the Judicial Magistrate on 21-11-1980.

(3.) The prosecution examined two witnesses to connect the applicant with the crime, namely, Nagendra Rai, Food Inspector (PW 1) and Nathoo Ram (PW 2).