LAWS(ALL)-1988-2-7

SABIR KHAN Vs. STATE OF UTTAR PRADESH

Decided On February 12, 1988
SABIR KHAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The lower court's record has been received. The case was taken up after the revision of the list and no one appears for the revisionist. Today is the date fixed for admission.

(2.) I have gone through the record of the court below and the two judgments of the lower courts with the help of the learned counsel for the State. The points raised in the present revision are : (i) That the applicant was not heard; (ii) That there is no compliance of the provisions of S.13(2) of the Prevention of Food Adulteration Act. (iii) That S.10(7) of the Prevention of Food Adulteration Act has not been complied with. (iv) That there is no proper sanction in the case.

(3.) On the first point, it is clear that repeated opportunities were given to the revisionist to appear before the learned lower appellate court and to have his appeal properly argued and he failed to avail of the Same. Therefore, the Court below was perfectly justified in proceeding with the matter and in disposing it of on merits in the light of the evidence that was brought on the record of the court below.