RATIRAM Vs. THE STATE OF M. P.

JUDGEMENT

(1.) In this criminal revision the applicant has challenged his conviction under Sec. 16(1)(c) of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act) for which he had been sentenced to undergo rigorous imprisonment for six months and fine of Rs. 1000.00, and in default of the payment of the fine, to further rigorous imprisonment for six months, by the learned Additional Sessions Judge, Tikamgarh, in Cr. A. No. 9 of 1979 affirming the judgment passed by the Judicial Magistrate First Class, Occhha, in Cr. C. No. 202 of 1977.

(2.) The prosecution case in brief was, that on 28-5-1977, one Vinod Kumar Sharma (P.W. 4), a shopkeeper at Niwadi, gave an application to the Medical Officer at Niwadi complaining that one Linju Kori of village Tarichar Kalan was selling rotten jaggery. On this complaint, the Food Inspector Suryabhan Singh (P.W. 1) was directed to take necessary action. Consequently, the Food Inspector on 29-5-77 went to the village Tarichar Kalan where he found jaggery and other articles in the shop meant for sale without licence. He suspected adulteration in the jaggery, and therefore, took samples of the jaggery but Linju did not accept the price. The Food Inspector made three equal parts of 600 grams of jaggery taken for sample and put it into three clean and dry bottles, sealed them and pasted labels on them. The shopkeeper Linju refused to sign the lables affixed on the bottles and the acquitted co-accused Govind Das shouted that nobody should put his signatures and commanded to break the bottles. At this, the acquitted accused Ratiram, Dinu and Smt. Shiladevi rushed towards the bottles and broke them. Thereafter the Food Inspector seized the broken bottles as per seizure memo. Ex. P. 2 and prepared a panchnama Ex. P. 4 regarding breaking of the bottles by the applicant and other co-accused. The applicant and the other five co-accused were prosecuted under Sec. 16(l)(c) of the Act.

(3.) The learned Magistrate found the applicant and one co-accused Govind Das guilty of the offence they were charged with, and therefore, convicted them accordingly and sentenced them to rigorous imprisonment for six months each and to a fine of Rs. 100U/-each, and in default, on the payment of the fine to further undergo rigorous imprisonment for six months. The remaining four co accused were, however, acquitted. On appeal by the applicant and co-accused Govind Das, the learned Additional Sessions Judge released Govind Das on probation, but confirmed the conviction and sentence awarded to the applicant, against which this revision has been directed.