KANWARLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed by the applicant against the judgment dated 31-7-98 passed by the learned Addl. Sessions Judge, Bhanpura, Distt. Mandsaur in Cr. Appeal No. 35/97 arising out of the judgment dated 24-12-96 passed by the learned Judicial Magistrate First Class, Bhanpura, District Mandsaur in Cr. Case No. 161/83 convicting the applicant for the offence punishable under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (for brevity 'the Act') and sentencing him to undergo R. I. for six months and a fine of Rs. 1,000/-, in default of payment of fine to suffer further R. I. for two months.

(2.) THE applicant has been convicted for selling adulterated Namkeen-Sev prepared from gram-flour (Besan ). Sample was taken on 18-2-93 by the Food Inspector. According to the Public Analyst report (Ex. P-5), the sample was not containing any foreign matter, insect or infection etc. , but, it contained the starch. The sample was not upto the standard as prescribed by the Rules of the Act, for gram-flour. Apart from Besan in the report (Ex. P-5) starch was also present which is contrary to the prescribed standard. Therefore, the Namkeen-Sev was found adulterated.

(3.) I have heard Shri Amit Agrawal, learned Counsel for the applicant and Shri G. Desai, learned Deputy Advocate General appearing for the State and perused the record.