ABDUL SAMIM Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed by one Abdul Samim who has been convicted under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter to be referred as the Act) and sentenced to undergo rigorous imprisonment for six months' and to a fine of Rs. 1000.00.

(2.) According to the prosecution case, on 22-11-78 the revisionist was found selling at Pauri Bus Station by the Food Inspector B.R. Badami at about 11 a.m. the hand Boiled Sugar Confectionary lemon drops or toffees. He was a peddler selling them at the Bus Station and other places. A sample by purchase of a packet of 100 grains was taken by the Food Inspector on payment of Rs. 2.15. The sample was divided into three separate parts. It was sealed and sent to the Public Analyst. The Public Analyst found coaltar dye portion coal tar dye present Rhodamine B. The sample was coloured with an un-permitted coaltar dye Rhodamine B. After obtaining the consent of the Chief Medical Officer a complaint was filed. Before the trial court besides the Food Inspector B.R. Badami Sri Khush Lal Singh and Abdul Wait were examined.

(3.) The learned Magistrate relied on the prosecution evidence and found the applicant guilty of offences under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act. Accordingly he convicted and sentenced the applicant as stated above. The conviction and sentences unproved against the applicant were upheld on appeal by the learned Sessions Judge.