BHAGWAN DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashutosh Pratap Singh, learned counsel for the revisionist and perused the record.

(2.) This revision under Section 397/401 Cr.P.C. is directed against judgment and order dated 25.09.1991 passed by 7th Additional Sessions Judge, Aligarh dismissing Criminal Appeal No. 52 of 1991 confirming judgment and order dated 26.04.1991 passed by 8th Additional Chief Judicial Magistrate, Aligarh convicting revisionist under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") in Criminal Case No. 1310 of 1990 and sentencing him for six months rigorous imprisonment and fine of Rs. 1,000/-. In case of default in payment of fine, the accused-revisionist had further to undergo one month rigorous imprisonment.

(3.) The only ground taken for assailing the aforesaid judgments is that no independent witness was examined and therefore requirement of Section 10(7) of the Act, 1954 having not been complied with, conviction of revisionist is bad and illegal.