KHANCHAND Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner has preferred this criminal revision under section 397 read with section 401, CrPC against the order passed by II Additional Sessions Judge, Neemuch in Cri. Appeal No. 145/97 on 8.6.2000 thereby confirming the judgment of the ACJM, Neemuch in Cri. Case No. 672/91 on 23.7.97 and also confirming the conviction and sentence of six months R.I. and a fine of Rs.

(2.) ,000/ - and if not depositing the amount of fine further sentence of 6 months under Sec. 7(1) read with Sec. 16(1) (A) of the Prevention of Food Adulteration Act. 2. As per prosecution story on 18.11.90 on Food Inspector S.B. Singh, Flying Squad, Mandsaur inspected Prabhat Bakery owned by the applicant. The applicant was personally present on shop at the time of inspection. The Food Inspector gave his introduction and purchased 1600 gms. of biscuits, out of the stock which was kept for sale on his suspicion, that they were adulterated, on payment of Rs. 45/ - with a view to send them for chemical examination. The samples were collected as prescribed in Form No. 6, receipt was also obtained. All the purchased material was distributed in 3 packets. All the samples were properly packed, sealed, signed and dated and the signatures of the applicant were also obtained on those samples. On packet of the samples in form No. 7 was forwarded to the Public Analyst, Bhopal for chemical examination. One copy of memorandum in form No. 7 was separately despatched by registered post to the Public Analyst and the remaining two samples were deposited with the local health authority, Mandsaur in his office. After receiving the report from Public Analyst that the sample was found adulterated the matter was referred to the local health authority for permission for filing complaint. The Food Inspector after obtaining permission from the local health authority filed a complaint. The report of the Public Analyst dated 12.11.90 is Ex. P -19 and in the opinion of the Public Analyst the sample was found adulterated and not as per the prescribed standards. Lateron 29.4.91 the applicant applied to the Court u/s 13(2) of the Prevention of Food Adulteration Act for examination of the samples by the Central Food Laboratory and by order dated 12.9.91 that application was allowed and the sample was sent for examination to the Central Food Laboratory, Gaziabad. The report of the Central Food Laboratory is Ex. P -26, according to which the sample did not conform to the standard of biscuits laid down and it was found that the sample was adulterated.

(3.) I have heard the learned counsel for parties and gone through the record of the trial Court. The only submission of the learned counsel for the applicant is that the applicant is in jail since 8.6.2000 and considering the material available on record and looking to the age of the applicant that he is aged about 41 years, his sentence be reduced to the sentence already undergone.