JUGUL KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision is directed against a judgment and order of Sri D.R. Singh, the then Sessions Judge, Jalaun at Orai, dtd. 8/2/1990, dismissing Criminal Appeal no.36 of 1989, and, affirming a judgment and order of Sri Guru Sharan Srivastava, the then Judicial Magistrate, Jalaun at Orai, dtd. 15/7/1989 passed in Criminal Case no.197 of 1986, convicting the revisionist under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954, and, sentencing him to six months' RI and a fine of Rs.1000.00; in default, to undergo a further term of three months' imprisonment.

(2.) The facts giving rise to the present revision are that the then Food Inspector, Chiraiya Salempur, one R.R. Bhatt, checked at mid day, on 22/1/1984 the wares displayed for sale at the Bus Station, Jalaun, by the revisionist. The food item displayed for sale was Khowa, carried in 4 - 5 containers. The Inspector disclosed his identity and made inquiries about the article of food offered for sale. He asked the revisionist to give him 50 grams of Khowa for the price of it, to be utilized as a sample for analysis. A notice for the purpose was served in the presence of witnesses. This notice is marked as Ex. Ka-1. Signatures of the witnesses, as well as the revisionist, were secured on the relevant documents. Rupees nine were paid in price of the Khowa collected as sample, to be sent to the Public Analyst, and, for the money paid, a receipt was obtained from the revisionist, that is marked as Ex. Ka-2.

(3.) The article of food was divided, into three equal parts. Each of the parts were kept, in dry and clean polythene bags. Twenty drops of formalin, with a strength of 40%, were added to each bag of the sampled Khowa, whereon a label was pasted and signatures of the revisionist obtained. The Food Inspector also signed each of the labels. Code slip issued by the Chief Medical Officer was also pasted according to Rules, in Form - VII, and, six copies were drawn up and tagged to each bag. One of such duly sealed bags was sent by registered parcel on 23/1/1984, to the Public Analyst. Form VII, one in number, was sent separately with the specimen seal the same day to the Public Analyst, a copy of which is Ex. Ka-3. A report from the Public Analyst dtd. 28/2/1984 was received, to the effect that the milk fat in the article was 5.6%, which is below the prescribed limit by 20%.