BIJLESHWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision under Section 401 Cr.P.C. has been filed against judgment and order dated 8.10.2002, passed by Additional District and Sessions Judge/ Fast Track (Drutgami) Court, Gonda in Criminal Appeal No.59 of 2001 dismissing the appeal of the revisionist and upholding the order dated 17.07.2001 passed by Chief Judicial Magistrate - II, Gonda in Case No.1209/2001/94 whereby the revisionist was convicted under Section 7 / 16 of the Food Adulteration Act.

(2.) Brief facts relevant for disposal of this revision are that on 25.09.1990, at about 11.00 AM, Food Inspector Akhileshwar Tewari has purchased 660 ml. buffalo milk from revisionist Bijleshwari after showing his identity and giving its cost Rs.3 for the purpose of testing of adulteration in milk. After completing the formalities, the said milk was sent for examination of the chemical analysts and in respect of the same, the report was found sub-standered and was short of fat to the tune of 48 % and milk silds in fat was found about 49 %. Accordingly, in this regard complaint was filed in the court of competent jurisdiction and after completing the trial, the learned Chief Judicial Magistrate, Gonda came to the conclusion that the prosecution has succeeded to prove guilt of the accused person and he was convicted under Section 7 / 16 of the Food Adulteration Act and sentenced to undergo one year simple imprisonment and a fine of Rs.1000/- and in default of payment of fine, further sentence of three months' simple imprisonment was awarded.

(3.) Aggrieved by the said order, an appeal being Criminal Appeal No.59 of 2001 was filed, which was dismissed and order of the Chief Judicial Magistrate, Gonda dated 17.07.2001 was confirmed vide order dated 08.10.2002. Hence, this revision has been filed.