ABDUL WAHID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Salman Ahmad, Advocate, for revisionist and learned A.G.A. for State-opposite party.

(2.) This criminal revision under Sec. 401 read with Sec. 397 Crimial P.C. has been filed aggrieved by judgment and order dated 10.01.2007 passed by Additional Chief Judicial magistrate, Court No. 3/Special Court (Economics Offences), Pilibhit in Criminal Case No. 5796 of 2005, convicting revisionist under Sections 16(1)(a)(ii) and 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") and sentencing him to undergo six months simple imprisonment under Sec. 16(1)(a)(ii) and six months' simple imprisonment and fine of Rs. 500.00 under Sec. 16(1)(a)(i) and in case of default in payment of fine, further simple imprisonment for a period of one month. There against accused-revisionist preferred Criminal Appeal No. 2 of 2007 which has been dismissed by Sessions Judge, Pilibhit vide judgment and order dated 28.04.2007. This revision has been filed challenging both the aforesaid orders.

(3.) Brief facts are that a complaint was filed by Sri R.P. Gangwar, Food Inspector against revisionist under Sec. 7/16 of Act, 1954 stating therein that on 9.05.2002 at 2.00 PM Complainant along with mobile-squad constituted by Chief Medical Officer, Pilibhit reached the Grossery shop of revisionist situated in Mohalla Naugawan Pakaria wherein edible oil, spices , pulses, salt, Namkeen and Biscuits were exhibited for sale. Complainant then asked the accused 2 revisionist to show licence for sale which he could not produce. Suspecting adulteration in Arhar pulse, Complainant purchased 750 Gms. Arhar pulse as sample, paid Rs. 18/- therefor and obtained receipt in duplicate. Before purchasing the pulse, notice in writing on Form No. VI was served on accused-revisionist. He divided the sample into three parts, poured the same in three clean and dry bags, pasted label and obtained signatures of accused-revisionist thereon and then sealed the same. Complainant then prepared inspection memo. One sample was sent along with Form VII to Public Analyst, U.P. Government, Lucknow for analysis through parcel. Rest of two samples were deposited in the Office of Chief Medical Officer, Pilibhit on 30.05.2002 and he also obtained receipt in respect of the same. Public Analyst, U.P. Government, Lucknow sent report dated 09.07.2002 declaring the sample to be adulterated, as 12 per cent Kasari-Dal was found mixed in the same which was prohibited for human consumption under Rule 44-A of Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as "Rules, 1955"). Complainant then made an Application for obtaining sanction to Chief Medical Officer Pilibhit for prosecuting accused-revisionist. Sanction was accorded on 21.08.2002. Complainant then prepared Challani Report and submitted the same in Court whereupon Trial Court took cognizance and summoned accused-revisionist for trial.