SURESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision under Sec. 399/401 of the Code of Criminal Procedure was admitted on question of sentence.

(2.) Briefly, the facts of this case are that on 13.11.1981 the applicant was found selling and exposing for sale 'Chane-Ki-Dal' by Food Inspector. Suspecting the said edible to be adulterated, the Inspector purchased the said 'Chane-Ki-Dal' and filed the same in three phials in equal quantity and labels were also affixed on the phials. Subsequently, the phials were sealed. There after, the Food Inspector submitted the samples and other papers to the Public Analyst where the samples were reported to be adulterated. After the sanction having been granted the charge-sheet under Sec. 7/16 of the Prevention of Food Adulteration Act was submitted before the Court.

(3.) The trial court found that the prosecution case was proved and convicted the accused and sentenced him to one year's rigorous imprisonment and a fine of Rs. 2,000.00 and in default the applicant was ordered to undergo a further imprisonment of six month. On appeal the conviction and sentence were upheld and that is how the applicant has come before this Court.