GYAN CHAND Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 14th July,1977 passed by third Additional Session Judge, Jalaun at Orai dismissing the appeal that was filed by the applicant against his conviction under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.

(2.) On 22nd Nov., 1974, at about 3 p.m., Food Inspector, Kadaura collected a sample of mustard oil from the applicants shop in accordance with law. One part of the sample was sent to the public analyst who reported it to be adulterated. It was also found that the applicant did not have any licence to sell mustard oil. A prosecution was therefore, launched against the applicant for selling adulterated oil as also for selling the same without any licence. The trial court held the applicant guilty of selling adulterated mustard oil and, in consequence of that conclusion, convicted him under Sec. 7 read with Sec. 16 (i) of the Act and sentenced him to six months R.I. and a fine of Rs. 1000.00. Aggrieved against his conviction and sentence the applicant filed an appeal in the court of sessions at Orai. Learned III Additional Sessions Judge, who heard the appeal, found it devoid of substance and dismissed the same vide order dated 14th July, 1977. Dissatisfied with it, the applicant has come up in revision before this court.

(3.) The first contention raised by learned counsel for the applicant before me was that there was no valid sanction in the case. Learned counsel pointed out that sanction in the instant case was accorded by the Deputy Chief Medical Officer and not by the District Medical Oilier of Health as "shown by the statement on oath made by Dr. D.R. Prabhakar (P.W.2).