LAXMAN LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 25.7.1984 of Second Additional Sessions Judge, Jabalpur, passed in Criminal Appeal No.189 of 1983 (arising out of the judgment and order dated 3.10.1983 of Chief Judicial Magistrate, Jabalpur, passed in Criminal Case No.4202/81), whereby the conviction of the accused under section 7 read with section 16(l)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act"), and sentence of rigorous imprisonment for three months and fine of Rs. 1,000 and in default of payment of fine, simple imprisonment for three months, has been affirmed.

(2.) The brief history of the case is that the Food Inspector, P.W.l K.K Shukla, on 2.1.1981, went to the shop of the accused and obtained sample of pulse (toowar dal) and, after obtaining the receipt, divided it into three parts and kept in three bottles. After observing formalities of sealing etc. sent it for analysis. The Public Analyst found the sample to be adulterated and, therefore, a complaint against the accused was filed in the trial Court.

(3.) The accused denied the sale of pulse to the Food Inspector but the trial Court found him guilty and convicted and sentenced him as referred above.