SIYASHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision by an accused is directed against appellate judgment maintaining his conviction and sentence for an offence under Sec. 7(1), 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

(2.) The case of the prosecution was that on 6.12.80 Food Inspector B.C. Sharma (P.W.l) of Raipur in district Rewa purchased at village Ramnai a sample of mustard oil measuring 375 grams from applicant/accused Siyasharan Patwa, a shopkeeper of grocery articles. Upon one of the parts of the sample being sent to Public Analyst Rewa, the latter reported that the sample was adulterated. The applicant had thus sold adulterated mustard oil and thereby committed an offence under Sec. 7(1)/16 (i) (a)(1) of the Prevention of Food Adulteration Act 1954.

(3.) The applicant in his trial admitted most of the facts but denied having committed any offence. The prosecution examined Food Inspector B.C. Sharma as the sole witness. Relying on his testimony and various documents exhibited in the case, the learned Magistrate held that the offence was proved against the applicant. Accordingly, he convicted the applicant. Under Sec. 7(i)/16 (l)(a)(i) of the Act and sentenced him to R.I. for one year and to a fine of Rs.1,000.00 in default to further R.I. for six months. In appeal, learned Sessions Judge Rewa affirmed both the conviction and the sentence. Aggrieved from that judgment, the present revision has been filed by the accused.