KRISHNA CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Mehrotra, J. A learned Single Judge of this Court has referred this case to a Division Bench a- he found that two contradictory views had been taken by two Single Judges of this Court in the cases of Kailash Kumar Shukla v. State, 1982 ACR page 114 and Ibrahim Hussain and others State of U. P. , 1982 Excise and Food Adulteration Reports 425.

(2.) A sample of Pan Masala was taken by the Food Inspector from the applicant and was sent to the Public Analyst for analysis. The report of the Public analyst shows that the Pan Masala was sweetened with saccharin. Having been found guilty of the offence under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) by the courts below, he came up to this Court in revision.

(3.) ON account of the fact that contrary views had been taken in the above Single Judge decisions, this reference has been made to the Division Bench.