SURESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri U.K. Saxena, learned Senior Advocate for revisionist and learned A.G.A. for respondents.

(2.) This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order dated 07.01.2000 passed by Sessions Judge, Jhansi. The First Additional Chief Judicial Magistrate (Economic Offence), Jhansi vide order dated 26.10.1999 convicted revisionist and sentenced him to undergo six months rigorous imprisonment with fine of Rs. 1000/- under Section 7(1) and 16(1-A) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954"). Thereagainst, revisionist preferred Criminal Appeal No. 88 of 1999 and Appellate Court while dismissing appeal confirmed order of conviction and sentence passed by Trial Court. Being aggrieved the revisionist preferred present revision.

(3.) Firstly, it is submitted that a very minor difference in standard was found and that too in respect of Khesari, which revisionist was not selling and secondly, on 03.11.1995 Chief Judicial Magistrate sanctioned prosecution and sample was sent for examination on 31.08.1996 on the application of revisionist, hence there is violation of Section 11 of Act, 1954.