ANGNU Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. This revision has been filed by the revisionist, Angnu against the judgment and order dated 2-4-1983 passed by Sri S. R. Bhargava, the then District and Sessions Judge, Farrukhabad in Criminal Appeal No. 19 of 1983 affirm ing the judgment and order dated 5-1-1983 passed by Sri V. K. Maheshwari, the then Vth Judicial Magistrate and Special Magistrate (Economic offences), Farruk habad convicting the appellant under Sec tion 7/16 of Prevention of Food Adultera tion Act and sentencing him to undergo R. I. for six months and a fine of Rs. 1. 000/- (rupees one thousand) and in default of payment of fine to undergo R. I. for three months.

(2.) THE brief facts of the case are that on 2nd December, 1980 at about 11. 00 a. m. the revisionist was apprehended by Sri D. D. Pal (P. W. 1), Food Inspector while he was selling Ghee in Mohalla Noniyaganj Kaimganj. He took sample of the said Ghee and sent it for examination before the public analyst. THE public analyst found that the sample tested by him con tained vegetable fat or oil in sufficient quanity, which was foreign to Ghee. After initiation of proceedings a notice along with a copy of report of public analyst was sent to the revisionist. He pleaded not guilty of the charges levelled against him and claimed to be tried.

(3.) IN the result the revision is allowed. The revisionist Angnu is hereby acquitted of the offence under Section 7/16 of Prevention of Food Adulteration Act and the judgment and order of both the Courts below is hereby set aside. Revision allowed. .