BAIJ NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant revision has been preferred by Baij Nath aggrieved by the judgment and order dated 20.9.1985 passed by Sessions Judge Banda in Criminal Appeal No. 91 of 1985 Baij Nath Vs. State of U.P. thereby confirming the judgment and order dated 17.8.1985 passed by Sri C.L. Verma, Munsif Magistrate Banda in Criminal Trial No. 1417 of 1983.

(2.) In a case under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 the applicant Baij Nath was convicted under the aforesaid Sec. by Munsif Magistrate Banda and he was consequently sentenced to undergo R.I. for 3 months as well as to pay a fine of Rs. 500.00. In an appeal preferred before the Sessions Judge against the judgment and order of Sri C.L. Verma, Munsif Magistrate Banda the learned Sessions Judge dismissed the appeal and confirmed the judgment and order passed by the learned Munsif. On the appeal being dismissed by the Sessions Judge Banda, the applicant preferred a revision before this Court. This Court upon weighing all the facts and circumstances involved in the case, admitted the revision on the question of sentence only by its order dated 9.10.1985.

(3.) For better appreciation of the facts involved in the case, I wound like to give a brief account of the prosecution case. Initially a complaint was lodged by Sri M.L. Misra, Food Inspector under Sec. 7/16, Prevention of Food Adulteration Act against applicant Baij Nath in which he alleged that at 12.30 p.m. on 7.11.1981 at the crossing of Baberu, the aforesaid Food Inspector paid a surprise visit to the shop of the applicant and purchased Batasha Kumpat and Namkeen for sampling purposes for their be is examined and analysed. The Food Inspector is also alleged to how demanded licence authorising him to vend the aforesaid confectionary, which the applicant is allegedly not possessed of and could not produce before trial Food Inspector and hence the applicant was challaned and prosecuted into court below.