PARAS NATH Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. This revision is directed against the order dated 18-6-85 passed by the Sessions Judge, Mirzapur dismissing the appeal preferred against the judgment and order dated 17-10- 84 passed by Judicial Magistrate, Mirzapur convicting the revisionist under Section 7/16 Prevention of Food Adulteration Act (hereinafter called 'the Act') and sentenc ing him to rigorous imprisonment for nine months and to fine of Rs. 1,500.

(2.) THE prosecution case is that on 5-8-81 the Food Inspector Shailendra Kumar Singh went at the shop of the revisionist and purchased 500 gm. Ghana dal, divided it in three parts, kept in three clean and dry phials and sent one of them to the Public Analyst. THE sample was found containing 10% khesaridal, which is injurious to health. After obtaining the sanction a complaint was lodged. To prove its case the prosecution examined Hazari Singh who proved reports and sanction for prosecution and senatory supervisor Ram Bali (PW-2 ). THE prosecution also ex amined Wazir Ashraf (PW-3) who proved various documents as also Shailendra Kumar Singh (PW-4) who had taken the sample from the shop of the accused. THE learned Magistrate believed the evidence in support of the complaint and convicted and sentenced the accused as aforesaid. THE appeal preferred by the accused was dismissed and consequently this revision was filed.

(3.) IT has been contended that notice in Form VI was not given to the revisionist. Thus, there was breach of Section 11-A of the Act. This plea was also considered by the appellate Court and by a reasoned order the plea that the notice did not bear the signature of the revisionist was repelled.