OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

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

(2.) On being convicted under Sec. 7/16 of Prevention of Food Adulteration Act and sentenced to undergo R.I. for six months and further to pay fine of Rs. 1000.00under the aforesaid Sec. by C.J.M. Almorah by his judgment and order dated 17.2.1981, the applicant went up in appeal before the Sessions Judge, Almorah, who, upon a consideration of the facts and circumstances on record, dismissed the appeal and affirmed the conviction and sentences recorded against him by the trial court.

(3.) The facts of the case arc that suspecting adulteration, on 15.6.1979 at 9 A.M. the Food Inspector, Nagar Palika, Almorah purchased 600 grams of Chilly powder as sample for the purposes of analysis from the godown of the applicant situated in Niazganj Almorah. After observing all the requisite formalities, the sample was sent to Analyst for analysis. As per report of Analyst the sample was found to be adulterated. Hence prosecution was launched against the applicant.