RAJA Vs. STATE OF U.P.

JUDGEMENT

(1.) Raja has filed this revision application against the judgment and order dated 15-5-79, passed by the Third Additional Sessions Judge, Nainital, dismissing his appeal and confirming his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act but reducing the sentence to six months R.I. and to a fine of Rs. 1,000 and in default of its payment to one months further R.I. The trial Court had awarded a sentence of two years rigorous imprisonment and a fine of Rs. 2,000 and in default of its payment to six months further rigorous imprisonment.

(2.) Briefly stated the facts are that on 31-7-1977 the Food Inspector Surendra Singh visited the canteen at Roadways Station, Rudrapur where the revisionist was selling cooked rice of yellow colour. He suspected it to contain prohibited colour and purchased one and a half kilograms of rice on payment of price in the manner prescribed. It was kept in three phials one of which was sent to the Analyst for examination. The Public Analyst reported that the sample contained prohibited metanil yellow coal tar dye which is punishable under the Act. On receipt of this report and on obtaining permission of the Medical Officer of Health a complaint was filed.

(3.) The revisionist gave out that he was only a servant of the canteen and the Food Inspector did not pay the price of the rice purchased by him. He also gave out that the rice was cooked for the servants of the canteen and not for sale.