SIRAJ UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed by revisionist/applicant, Siraj Uddin against the judgement and order dated 29.07.1982 passed by Sri G.S.N. Tripathi, the then 1st Addl. District and sessions judge, Bijnor in Criminal Appeal No. 134 of 1982, whereby the learned Sessions Judge dismissed the appeal and confirmed the conviction of the revisionist under Section 7/16 of Prevention of Food Adulteration Act and sentenced him to undergo six months R.I. and to pay a fine of Rs. 1000/- (repees one thousand) and in default of payment of fine, further three months' R.I. in case No. 440 of 1982 (State versus Sirajuddin) under Section 7/16 of Prevention of Food Adulteration Act, police station Dhampur, District Bijnor.

(2.) It is alleged that on 12.01.1981 at 8.15 a.m., revisionist Siraj Uddin was selling mixed milk near Seohara Road, Chauraha within the limits of Nagar Palika Kshetra. A sample was taken from him by the Food Inspector, namely, G.D. Kandpal ( :P.W.I.) and the same was sent for chemical examination, after examination it was found adulterated.

(3.) The revisionist was charged on 22.11.1981 and after recording the statements of G.D. Kandpal. Food Inspector (P.W.I.) and Kalian his Asstt. Jamadar (P.W.2) an independent witness and also of the accused Siraj Uddin, the learned Magistrate found the charge proved against the accused. The learned Session Judge confirmed the conviction and sentence passed by the learned Magistrate against which order the present revision has been preferred.