GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 28-11-1985 of Second Additional Sessions Judge, Ambikapur, passed in Criminal Appeal No. 5 of 1985 (arising out of the judgment and order dated 13-12-1984 of Chief Judicial Magistrate, Ambikapur, passed in Criminal Case No. 1567 of 1979), whereby the conviction of the accused-applicant under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act'), has been confirmed, but the sentence of rigorous imprisonment for one year and fine of Rs. 2,000/-, has been modified to rigorous imprisonment for six months and find of Rs. 1,000/-, in default of payment of fine, rigorous imprisonment for three months.

(2.) The brief history of the case is that the Food Inspector, Ambikapur, filed a complaint against the accused on 3-11-1979, with the allegation that the accused was found selling milk near Police Station, Rajpur, on 7-9-1979. He obtained sample of milk from the accused-applicant and, after observing all the formalities of notice, sealing and sampling, sent it to Public Analyst, Bilaspur, for analysis. The Public Analyst found the sample of milk to be adulterated, as it did not conform to the prescribed standard.

(3.) The accused adjured the guilt and stated that the Food Inspector demanded Rs. 25/- per month, and, on his refusal of payment, has implicated him falsely.