IQBAL UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) IQBAL Uddin has preferred this revision against the judgment and order dated June 8, 1983 of Sri V. K. Agarwal, IIIrd Additional Sessions Judge, Pratapgarh dismissing criminal appeal No. 92 of 1981 and affirming the judgment and order dated April 28, 1981 of Sri Rama Kant Singh. Judicial Magistrate, Pratapgarh convicting the applicant under Section 7/16 of the Prevention of Food Adulteration Act (for short, the Act) and sentencing him to 6 months' R.I. and a fine of Rs. 1,000 and in default of payment of fine to suffer further 2 month's R.I.

(2.) THE prosecution case is that a sample of milk was collected from the applicant on December 6, 1975 and according to the report of the Public Analyst dated January 19, 1976 the sample was below the prescribed standard in fat and non-fatty solids. Copy of the report of the Public Analyst was sent to the applicant informing him that if he wanted to get the sample analysed by the Central Food Laboratory, he may make an application under Section 13 (2) of the Act. THE prosecution witnesses have preferred to remain silent regarding the date when the intimation was sent to the applicant, but the postal acknowledgement shows that the intimation was served upon him on March 29, 1976. Prosecution was initiated by filing complaint in Court against the applicant on December 12, 1976.

(3.) LEARNED counsel for the State has submitted that the sending of intimation under Section 13 (2) of the Act prior to the launching of prosecution is a mere irregularity and does not in any way affect the prosecution case.