BADRI PRASAD Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Badri Prasad against the judgment and order dated 8-9-1977 of the 3rd Additional Sessions Judge, Jalaun at Orai, dismissing his appeal and upholding his conviction recorded by the trial Court under Section 16 read with Section 7 (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentence of six months' rigorous imprisonment and a fine of Rs. 1,000/ -.

(2.) AS usual, the revision application came up before a learned Judge of this Court who, while admitting it, directed that the case be listed before a larger Bench, as may be ordered by the Hon'ble the Chief Justice, for reconsidering the decision recorded by another learned Judge of this Court in Ajodhiya Prasad v. State 1977 All Cr C 195 for reason given by the learned Sessions Judge in the impugned judgment. The learned Sessions Judge did not follow the said decision.

(3.) IT was held in Ajodhiya Prasad v. State (supra) that mixture of mustard oil and linseed oil sold as mustard oil cannot be said to be adulterated as both are edible oils and that though it may be a case of cheating and deception, it could not be an offence punishable under the Act. The learned Sessions Judge did not follow the decision as it is apparent from its perusal that Rule 44 (e) of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules) was not brought to the notice of the learned Judge.