GHANSHYAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dared 15-7-1982 passed by Sri R.S. Pandey IVth Additional Sessions Judge, Rae Bareli whereby he had maintained the conviction and sentence of the petitioner under list 7/16 of the prevention of Food Adulteration Act.

(2.) The prosecution case is that on 23-2-1981 at about 12O'Clock Sri Ram Shanker Food Inspector visited the shop of the applicant at Furshatganj, district Rae-Bareli and purchased the sample of Jeera for being sent to Public Analyst. After observing necessary formalities, he sent the said Jeera to the Public Analyst to Government of Uttar Pradesh, Lucknow who found the sample of Jeera adulterated. According to report. the said Jeera contains strenuous matter which exceeded the prescribed maximum limit of 7 per cent. After receipt of the report a complaint was filed against the applicant.

(3.) The complainant in order to prove its case, examined two witnesses, namely, P. W. 1 Ram Shanker Food Inspector and DW. 2 K.P. Srivastava. The Judicial Magistrate, Special Court. Rae Bareli by his order dated 26-11-1981 convicted the applicant under Ss. 7 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced him to 6 months rigorus imprisonment and further awarded a fine of Rs. 1000.00