UMESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 15.10.2004 passed by ASI, Pichor, District Shivpuri in criminal appeal No.303/2000 which is arising out of judgment dated 10.11.2000 passed by AGJM, Pichor, District Shivpuri in Criminal Case No.380/1996 whereby the conviction of petitioner for the offence punishable under Section 7(1) read with Section 16(1)(A)(1) of Prevention of Food Adulteration Act and sentenced to undergo imprisonment of six months with fine of Rs.2,000 on each count, was maintained, the present revision petition has been filed.

(2.) PETITIONER was prosecuted by the respondent under the provision of Prevention of Food Adulteration Act, 1954 (which shall be referred hereinafter as an Act), alleging that on 21.5.1996 when Food Inspector, inspected the shop of petitioner situated at Shivpuri and purchased Wheat which was for sale. It was alleged that the sample was taken and after the report of analyst it was found that Wheat was adulterated. It was prayed that the petitioner be convicted. After the trial it was found that Wheat which was in possession of the petitioner was adulterated. Hence the petitioner was convicted and was sentenced as mentioned above and in appeal the conviction was maintained, hence this revision petition.

(3.) RELIANCE was also placed on a decision of Hon'ble Apex Court in the matter of Birbal v. State of Haryana2 wherein the conviction was for sample of milk reported adulterated and sentence was for a period of six months imprisonment and fine, the sentence of imprisonment was reduced to three months.