ANUP KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The present revision is directed against the judgement and order dated 16.3.2007 passed by the Additional Sessions Judge/Special Judge, (Essential Commodities Act), Hardoi in Criminal Appeal No.6 of 2005, which was preferred against the judgment and order dated 25.1.2005 passed by the Additional Chief Judicial Magistrate, Court no.1, Hardoi in Case No.1639 of 2004, whereby the revisionist was convicted and sentenced under Section 16(1)(a)(1) of the Prevention of Food Adulteration Act (for short 'the Act') for one year rigorous imprisonment with a fine of Rs.2,000/- and for non-payment, six months additional sentence. The appellate court had affirmed the judgement and order passed by the trial court and dismissed the appeal.

(2.) The facts of the case are that on 12.7.2000 at around 12.25 P.M. the complainant inspected the shop of Anil Kumar Gupta and Vimal Kumar Gupta situated at old food grain market, Shahbad, District Hardoi and he found the revisionist selling the mustard oil from the aforesaid shop. Suspecting the adulteration in the food item, he purchased 375 Gms of the mustard oil for Rs.13.50/- from the revisionist and prepared Form-6 as provided under the Act and took signature of the revisionist. Three samples were prepared and sent it for public analyst. The public analyst in his report dated 21.8.2000 found Argemone present in the sample. After obtaining permission from the Chief Medical Officer, Hardoi, a complaint was filed against the present revisionist , Anil Kumar Gupta and Vimal Kumar Gupta.

(3.) To prove the prosecution case, P.W.-1 Food Inspector, Vijay Bux Singh, P.W.-2 Shishu Kumar Awasthi and P.W.-3 Jagdish Prasad were examined.