ASHARFI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 19-2-96 passed by the Ist Add. C. J. M., Allahabad in Criminal Case No. 3565 of 1994, State v. Asharfi Lal, whereby he has held the accused guilty of the charge under S. 7/16 of the Prevention of Food Adulteration Act and awarded him to undergo one year's R. I. and pay a fine of Rs. 2,000.00. On failure to pay the fine, one month's additional R. I. has been awarded and the order dated 21-10-97 passed by the Special Judge, Allahabad in Criminal Appeal No. 14/1996, whereby the learned appellate Court has confirmed the judgment and order passed by the learned trial Court.

(2.) By way of this revision, the aforesaid two judgments are sought to be set aside and further requires that accused may be held innocent and acquitted.

(3.) Admittedly, on 9-4-88, at about 5.45 p.m., a sample of Khesari Dal was purchased by the Food Inspector and after completing the formalities on the spot, one sample was sent to the Public Analyst, Varanasi, who by his report has declared that Khesari Dal 100% is prohibited food. Thereafter, the Food Inspector completed the formalities and obtained the order for filing the complaint from the authority concerned.