NARENDRA KUMAR Vs. NAGAR SWASTH ADHIKARI AGRA

JUDGEMENT

(1.) THIS Criminal Revision has been filed against the judgment and order dated 21-7-1986 passed by 3rd Addl. Sessions Judge, Agra in Criminal Appeal No. 11 of 1986 whereby he dismissed the appeal and upheld the trial Court's judgment dated 10-12-1985 whereby the revisionist was convicted under Section 7/16 of Prevention of food Adulteration Act (hereinafter referred to as the Act) and was sentenced to 6 months R. I. with a fine of Rs. 1000/ -. In default of payment of fine the revisionist was directed to undergo R. I. for 6 months further.

(2.) THE prosecution case is that on 7-6-1978 at about 8. 15 p. m. P. W. 1, J. C. Dubey (Food Inspector) took the sample of the milk carried on bicycle by the revisionist. The public analyst reported the adulteration in the milk hence P. W. 1 J. C. Dubey, food Inspector filed the complaint against the against Judgment and Order of R. Vishnu dutt Dube, 3rd Addl. Session Judge, Agra, d/- 21-7-1986. revisionist. The prosecution examined P. W. 1 j. C. Dubey and P. W. 2 Suresh Chand (Food clerk), whereupon the revisionist was convicted and sentenced as above. The revisionist filed the appeal which was dismissed hence this revision.

(3.) THE glaring aspect is that no public-witness was produced in the trial Court.