DESHRAJ Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been directed by the applicant against the judgment of conviction and order of sentence dated 11.12.1993 passed by the Judicial Magistrate First Class, Panna in criminal case No. 16/91 convicting the applicant under section 7(l)/16(l)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') sentencing him to suffer rigorous imprisonment of six months with fine of Rs. 1,500/ - in default three months further rigorous imprisonment. The judgment of conviction and order of sentence has been confirmed in appeal.

(2.) THE Food Inspector B.D. Shukla collected a sample of cow and she buffalo milk on 2.10.1990 from the applicant and after performing all the formalities, sent the sample of milk to the public analyst, who found it to be adulterated vide its report dated 9.11.1990 (Ex. P -11). On the receipt of the report of the public analyst, the local health authority sent a letter Ex. P -10 dated 30.11.1990 to the Food Inspector for launching the 1 prosecution. In the letter it has been mentioned by the local health authority that the report of public analyst dated 9.11.1990 has been received in his office. on 29.11.1990. The Food Inspector thereafter launched the prosecution against the applicant.

(3.) THE first submission of learned counsel for the applicant is taken into consideration that on account of non -compliance of Rule 7(3) of the Rules, the applicant is entitled for the acquittal, does not impress me. In the case of State of M.P. v. Ganesh Prasad 2000 (1) JLJ 406, this Court while dealing with the non -compliance of Rule 7(3) of the Rules, held in para 6 and 7 as under : -