SIA RAM Vs. STATE

JUDGEMENT

(1.) Sia Ram has filed this revision application against the judgment and order dated 20-12-1977 passed by the Sessions Judge, Shahjahanpur, dismissing his appeal and confirming his conviction under Section 7/16 of the Prevention of Food Adulteration Act and the sentence of one year's R.I. and a fine of Rs. 2000/-. In default of payment of fine he was to undergo six months' R.I.

(2.) In brief the prosecution case was that on 19-10-1976 the Food Inspector took a sample of Zira from the shop of the revisionist which was exposed for sale and on analysis it was found to contain 15.2% extraneous matter. Thus it was found to be adulterated.

(3.) The revisionist denied the said charge and claimed the benefit of Section 19 on the ground that he is a whole-seller and had purchased the said Zira in a bag which was properly stitched and would have sold it in the same condition Both the learned lower courts negatived this contention. There is no denial of the fact that the Food Inspector had purchased sample of Zira from the revisionist and it was found to be adulterated.