CHANDERPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Chanderpal has filed this revision application against the judgment and order dated 18-12-1976 passed by the 1st Addl. District and Sessions Judge, Saharanpur confirming his conviction under Sec. 7/16 of tho Prevention of Food Adulteration Act and the sentence of six months' rigorous imprisonment and a fine of Rs. 1,000.00. In default of payment of fine six months' further rigorous imprisonment was awarded.

(2.) The prosecution case, in brief, was that on 29-10-1974 at 10 A.M. Sri Tomar, the then Food Inspector visited the Namkeen shop of the revisionist and found his servant Mangal Ram selling Namkeen on his behalf. After giving the requisite notice to Mangal Ram the Food Inspector purchased 753 grams of Channey ki dal on payment of price. The sample was divided into three parts and was kept in separate portions, one was given to Mangal Ram and the other one was sent to the Public Analyst, who reported that it contained Lathyrus Sativus (Kasari Dal). The use of this Dal is prohibited by the Rules framed under the Prevention of Food Adulteration Act. Hence the Public Analyst found the sample adulterated. The Food Inspector launched prosecution after obtaining sanction of the District Medical Officer of Health.

(3.) Mangal Ram absconded and his case was split up. Chanderpal revisionist pleaded not guilty and gave out that no sample of Dal was taken in his presence nor Mangal Ram was his servant. Both the learned lower courts disbelieved the revisionist's contention and found him guilty of the said charge.