(1.) On being convicted by the Judicial Magistrate 1st Class, Bijnor under Ss. 7/16 of the Prevention of Food Adulteration Act (hereinafter called 'Act') and sentenced to 6 months' R.I. and to a fine of Rs. 1,000.00, the present revisionist, Nazar preferred an appeal before the Sessions Judge, Bijnor which was ultimately heard and disposed of by IVth Addl. Sessions Judge, Bijnor. The appellate Court dismissed the appeal by order dated 18-4-1983 confirming the order of conviction and sentence passed by the trial Court. Hence, the present revision, challenging the legality and propriety of the order of conviction passed by the trial Court and also the order made by the appellate Court dismissing the appeal.
(2.) For appreciation of the submissions of Sri R. B. Sexena, holding brief of Sri G. C. Saxena, learned counsel appearing for the revisionist and of the learned A.G.A. and also to arrive at the correct decision, the relevant facts are given hereunder.
(3.) Sri Somendra Kumar was Sanitary Inspector at P.H.C. Kiratpur. By a notification issued under S. 9 of the Act, he was appointed Food Inspector for an area of P.H.C. Kiratpur. On 11-7-1980 at about 6.30 a.m. he intercepted the revisionist, Nazar near Tanga Stand within the Municipal limit of Kiratpur. After disclosing his identity, he served a notice in Form 6 exhibiting his intention to take sample of the milk carried by him for sale. He took a sample of requisite quantity of milk, divided the same in 3 equal parts, kept in 3 clean and dry bottles and sealed on spot. He also prepared a memo of the proceeding of taking the sample from the revisionist, Nazar. Then he handed over one of the sealed bottles to the revisionist and deposited the other two sealed bottles in the office of C.M.O. Bijnor for further transmission to the Public Analyst for analysis and report. On receipt of the Analyst's report, the C.M.O. authorised him to institute prosecution against the present revisionist.