MAQBOOL AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These revisions have been preferred by revisional Maqbool Ahmad against the judgment and order dated 19-4-1983 passed by Sri G.R. Kishore, the then IV Additional Sessions Judge, Moradabad in Criminal Appeal No. 286 of 1982 [(Maqbool Ahmad v. State ) in revision No. 1326 of 1983] [and revision No. 1325 of 1983 in Criminal Appeal No. 1325 of 1983 -(Maqbool Ahmad v.State]) upholding the conviction of the appellant awarded by Sri B.N. Shukla, learned Judicial Magistrate, 1st Class, Moradabad vide his order dated 15-9-1982 sending the appellant to undergo 1 year R.I. and fine of Rs. 1,000.00 under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act and in default of payment of fine further to undergo three months R.I.

(2.) The case of the prosecution is that on (in revision No. 13 26 of 1983) 17-12-1979 at about 8.15 a.m. and (in revision No. 1325 of 1983) on 24-12-1979 at about 9.30 a.m. the revisionist was found selling and exposing for sale mixed milk of cow and buffalo near the octroi post, Moradabad within the municipal limits of Moradabad. The Food Inspector obtained sanction for prosecution from Chief Medical Officer, Moradabad and complaint was filed against the revisionist, in both the cases.

(3.) On evidence the revisionist (in both revisions) was convicted by the learned Magistrate on 15-9-1982 and the appeal was dismissed by the learned IV Additional Sessions Judge, Moradabad on 19-4-1983 hence these revisions.