DEVENDRA KU. AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition is directed against appellate judgment dtd. 30/10/2021 passed by the First Additional Sessions Judge, Hoshangabad in Cri. Appeal No.134/2015, whereby conviction of petitioner for the offence punishable under Ss. 16(1)(a)(i) r/w 2(i-a) and 7(i) of the Prevention of Food Adulteration Act, 1954, as recorded by Judicial Magistrate First Class, Hoshangabad vide judgment dtd. 23/7/2015 passed in Cri. Case No.1704/2010 and consequent sentences were affirmed.

(2.) Vide said judgment, the petitioner has been convicted under Ss. 2(i-a), 7(i) read with 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') and sentenced him to undergo R.I. for 6 months and to pay fine of Rs.1,000.00 with default stipulation.

(3.) Succinctly stated relevant facts giving rise to the present petition are that on 8/9/2010 at about 3.15 in the afternoon, Food Inspector Jagdish P. Lovewanshi visited the establishment of the petitioner situated in Pili Khandi, Meenakshi Chowk, Hoshangabad viz. 'Agrawal Hotel', where the petitioner was selling sweets/snacks. Suspecting about the quality of a salty snack (Namkeen-Sev), following due process, the Food Inspector purchased 900 gms. of Sev by paying the price. He divided the same in three parts (300 gms), kept each part in a clean polythene, tied them with thread, then kept them in three corrugated boxes, packed and labeled them, placed paper slips, signed them and also obtained sign of the petitioner, then tied them with thread and sealed them by placing a wax seal. He prepared memo of the proceedings conducted on the spot, sent a sample to the State Food Laboratory and deposited rest of the samples with Deputy Director, Food and Drugs Administration, Hoshangabad. On analysis, the sample was found adulterated (Ex.P/14). After receiving the report of Public Analyst, the Food Inspector obtained prosecution sanction, filed complaint against the petitioner and forwarded him a copy of the report of Public Analyst.