KAMLA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for the offences punishable under Sections 7(1)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 [hereinafter it would be referred to as "the P.F. Act"] vide judgment dated 21.6.1988 passed by the learned A.C.J.M. Katni in criminal case no.1916/82 and sentenced for six months' R.I. with fine of Rs. 1,000/-. In criminal appeal no.17/88, the learned 1st Additional Sessions Judge Mudwara, District Katni vide judgment dated 10.1.1997 dismissed the appeal. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, on 23.10.1981 the Food Inspector B.K. Verma (PW-1) inspected the shop of the applicant and he proposed to take a sample of Soyabean oil. Thereafter, 375 gms. of Soyabean oil was taken from the applicant and cost of that oil was paid to the applicant and a receipt was also obtained. The sample of Soyabean oil was packed in three different clean and smell less bottles in equal quantity and thereafter, bottles were sealed and a paper seal was affixed on the sample issued by the Public Analyst. One packet of sample was sent to the Public Analyst, whereas remaining two packets of sample were deposited in the Local Health Authority. According to the Public Analyst, the sample was found adulterated and after getting a sanction from the Deputy Director Food and Drugs Administration, a complaint was filed against the applicant. Also a notice under Section 13(2) of the P.F. Act was given to the applicant.

(3.) The applicant abjured his guilt. He took a specific plea that the Food Inspector demanded a sum of Rs. 400/- and when that sum was not given to him, a false case was prepared by the Food Inspector. However, no defence evidence was adduced before the trial Court.