RAMPRASAD Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed by the applicant against the judgment passed in Criminal Appeal No. 254/2000 on 14 -3 -2002 by the IInd Addl. Sessions Judge, Indore dismissing the appeal and confirming the judgment of conviction under Section 7(1) read with Section 16(1)(a)(1) and Section 7(iii) and Rule 50 read with Section 16(1)(a)(1) of the Prevention of Food Adulteration Act and sentencing the applicant to six months' R.I. and fine Rs. 1,000/ - on each count, in default of payment of fine to further suffer R.I. for one month in Criminal Case No. 3994/97 passed by the Chief Judicial Magistrate, Indore on 1 -11 -2000. The substantive sentences are directed to run concurrently.

(2.) THE prosecution case in brief was that on 14 -6 -97, the applicant, in Transport Nagar, Indore was found selling cow -milk without licence, by the Inspector B.P. Dwivedi. The Inspector purchased 750 ml milk after paying Rs. 10/ - as price thereof. He divided the said milk into three equal parts of 250 ml. each and kept it in three clean and dry bottles and after performing necessary formalities of mixing 20 drops of formalin and sealing etc., a sample was sent to the Public Analyst for analysis.

(3.) AGAINST the judgment of conviction passed by the Chief Judicial Magistrate, Indore, the applicant went up in appeal and the same has been dismissed by the Addl. Sessions Judge, Indore, hence this revision against the impugned judgment.