KISHORI LAL Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This revision arises out of an order of conviction passed against the applicant by the Special Judi cial Magistrate 1st Class (Economic Offen ces), Azamgarh, on 22-3-1983 in Criminal Case No. 724 of 1981. He was convicted under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act') and was sentenced to six months' RI with a fine of Rs. 1,000. His appeal too was dismissed by the learned 111rd Additional Sessions Judge, Azamgarh on 17-8-1984 and the convic tion and sentence were confirmed.

(2.) BRIEFLY stated the facts of the case are that the applicant was found selling Dhania (coriander seeds) and other edible condiments at his shop. The Food Inspec tor, Sri Parag Dutt, visited his shop on 15-10- 1980 at about 1. 00 p. m. The sample of Dhania was taken and 450 gm. of Dhania was divided into three parts and sealed in clean and dry phials. It was sent for analysis of the Public Analyst, whose report dated 12-10-1982 shows that the sample was found adulterated. It was found containing 12 per cent extraneous matter, which was beyond the permissible limit of 3 per cent. The prosecution examined in support of its case, Parag Dutt, Food Inspector, Ram-raj, Sanitary Supervisor and the Food Clerk of CMC's office, Chandrma Rai.

(3.) THUS, in the circumstances dis cussed above, I feel it prudent to reduce the sentence of the applicant to the period already undergone. There is neither any evidence nor any finding that this adul teration was caused by any human agency. In the circumstances it will serve the pur pose if the fine of the applicant is en hanced to a sum of Rs. 5,000 in lieu of the remainder portion of the sentence. Learned Counsel for the applicant has no objection in this. Enhancement of fine will serve the purpose. No previous criminal antecedents are available.