GAYA PRASAD Vs. STATE

JUDGEMENT

(1.) GAYA Prasad, applicant, was convicted and sentenced to six months rigorous imprisonment under section 7/16 of the Prevention of Food Adulteration Act by the learned Addl. Chief Metropolitan Magistrate, Kanpur. He preferred an appeal which was dismissed by the learned VI Addl. Sessions Judge, Kanpur. Hence this revision.

(2.) THE prosecution case in brief was that on 24-8-1976 the Food Inspector B. L. Shukla (P. W. 1) took a sample of the Barfi which the applicant had exposed for sale at his shop situate in Panki, Kanpur, and he sent it; for analysis to the Public Analyst who reported that it was adulterated inasmuch as it was coloured with a prohibited coaltar dye.

(3.) THE learned counsel for the applicant contended that there was noncompliance with the provisions of Section 13 (2), Section 11 (1) (c) (i) and (iii), Sec. 13 (2) and Rules 9 (i) and 18 and the violations of these provisions of law, according to the learned counsel for the applicant, vitiated the conviction.