KRISHNA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The Magistrate convicted one Krishna Kumar under Sec. 10 read with Sec. 16 of the Prevention of Food Adulteration and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00. In default of payment of fine two months further simple imprisonment was ordered Krishna Kumar filed an appeal which was dismissed by the Sessions Court. Against that judgment the present revision has been filed.

(2.) In prosecution story was that the Food Inspector was taking simple from the shop of one Taqmil Khan. The revisionist has his sweetmeat shop in the neighbourhood of the shop of Taqmil Khan. The revisionist left his shop and came at the shop of Taqmil Khan and insisted that sample be taken from shop. The Food Inspector replied that after he had Hen the sample from Taqmil Khan he would take sample from the shop of the revisionist. Feeling enraged one of the three bottles of the sample was thrown on the ground and broken by the revisionist. When Food Inspector tried to prevent it he was beaten and abused and the revisionist did not permit to complete the remaining proceedings of sample being taken. These allegations do amount to preventing the Food Inspector from taking the sample as he is authorised to do. Sec. 16(1)(c) of the Prevention of Food Adulteration Act, 1954 provides that a person, who prevents a Food Inspector from taking a sample, shall be punishable with imprisonment for a term which shall not be less than six months and a fine which shall not be less than Rs. 1000.00. The aforesaid allegations of the prosecution amount to preventing the Food Inspector from taking a sample and minimum sentence has been Karded.

(3.) The learned counsel for the revisionist has pressed the following grounds: