SUSHIL KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the accused u/S. 397 of the Cr. P.C. with a prayer that the judgment and order passed by both the Courts below, be set aside.

(2.) The undisputed facts as stated in the judgments of both the Courts below are these. On 23-10-86 at about 11-30 a.m. at the place 254, Sobhatiyabagh, P. S. George Town, Allahabad, the Food Inspector Sri Chandrika Singh went to the shop of the accused, where out of other things, Dal of Arhar was being sold and exposed for sale. The Food Inspector suspected adulteration in the same and purchased 750 Gms. of Arhar Dal and paid Rs. 5.25 paisa as its price. Thereafter, he completed the legal formalities and sent the sample to the Public Analyst, who in his report dated 18-11-86 observed that Arhar Dal was adulterated and it contained 2% of Khasari Dal, which is prohibited. Secondly, the sample content showed that the prohibited type of colour was used for colouring the property in dispute. Thereafter, after obtaining the permission from the authority concerned, the complaint was lodged.

(3.) The prosecution examined the complainant Sri Chandrika Prasad and one of his co-worker in the same office and proved all the technical requirements and documents on the record. The accused denied the allegations and stated that he had been implicated falsely. After analysis of the entire evidence, the learned trial Court found the accused guilty of the charge u/S. 7/16 of the Prevention of Food Adulteration Act and ordered him to undergo 2 years' R.I. and pay a fine of Rs. 3,000.00 on failure to pay the fine, additional one month's R.I. was awarded.