RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) The instant revision has been filed against the judgement and order dated 29.4.2003 passed in Criminal Appeal No. 154 of 2002 confirming the judgement and order dated 1.11.2002 passed by the Additional Chief Judicial Magistrate in Criminal Case No. 2279 of 1994 convicting the applicant-revisionist under Section 7/16 Prevention of Food Adulteration Act, 1954, (hereinafter referred to as 'the Act') and sentencing him for a period of one year rigorous imprisonment alongwith a fine of Rs. 2,000/-

(2.) Briefly stated the facts of the case are that upon an inspection being made by the Food Inspector Sri R.K. Mishra alongwith peon Girdhari Ram on 11.7.1991 at around 11:00am, Arhar Dal was randomly purchased from the shop of the applicant-revisionist and upon a doubt being there that it was adulterated a sample of it, as per the rules, was sent to the Public Analyst for investigation wherein it was found that, in fact, the Arhar Dal was adulterated by mixing it with Metalic Yellow which is a prohibited substance and could not be used for eating.

(3.) Upon having been found that there was adulteration, permission was sought for from the C.M.O. concerned for initiation of prosecution, which having been granted, a complaint was filed before the C.J.M., praying that the accused be summoned and punished. There upon the accused was summoned and charges were framed under Section 7/16 of the Act on 9.11.2000. He denied the charges and claimed trial. Under the relevant provisions of the Cr.P.C. Sri Radha Krishna Mishra, the Food Inspector, was examined as P.W. 1 and one Sri Ashok Srivastava, the Food Clerk, was examined as P.W. 2. No other prosecution witness was examined. They were also cross-examined. The applicant-revisionist's statement under Section 313 Cr.P.C. was recorded. He claimed innocence and stated that no sample was ever taken from him. Upon trial, the Magistrate convicted the applicant-revisionist under Section 7/16 of the Act and sentenced him for a period of one year rigorous imprisonment with a fine of Rs. 2,000/-.