RAM AUTAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision filed by Ram Autar, applicant impugning his conviction under Sec. 7/16, Prevention of Food Adulteration Act, was admitted by this Court on the question of sentences only.

(2.) Primarily, applicant Ram Autar was challenged under Sec. 7/16 of Prevention of Food Adulteration Act and he was tried by Shri G.K. Chaturvedi, Special Judl. Magistrate (E.C. Act) Budaun in Criminal Case No. 749 of 1981, The learned Munsif Magistrate upon a consideration of the materials on record, recorded a finding of conviction against the applicant and sentenced him to undergo R.I. for six months and further to pay a fine of Rs. 1000.00 Aggrieved by the aforesaid judgment and order, the applicant went up in appeal before the Sessions Judge Budaun, who by his judgment and order dated 15.6.1985 dismissed appeal. Hence this revision has come up in this Court.

(3.) For proper appraisal of the facts and circumstances involved in the case, briefly put the prosecution case is that on 28.11.1982 at about 1.00 P.M., in Qasha Barbrala, Food Inspector Raj Bardhan Bhatnagar found the applicant selling and exposing for sale 'Saphaid Zeera' for human consumption. Food Inspector purchased 450 gram of Saphaid Zeera for Rs. 6.30 and obtained receipt for the payment of price. The said Zeera was divided into three equal portions and filed in three phials. Each phial was sealed. The sample was sent for analysis to the Public analyst. The sample of Saphaid Zeera was found adulterated by Public Analyst. After obtaining sanction from C.M.O. challan report was submitted to the Court.