BHAWANI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/ accused has preferred this revision being aggrieved by the judgment dated 18.2.1999 passed by Session Judge, Raisen in S. T. No. 109/98, affirming the judgment dated 8.10.1998 passed by Chief Judicial Magistrate Raisen in Criminal Case No.31/91 whereby the applicant was convicted and sentenced under Section 7 (1) r/w 16 (1) (a) (i) of Prevention of Food Adulteration Act (In short "the Act"), with a direction to undergo for six months RI with fine of Rs.1,000/-, in default of depositing the fine amount for further one month RI.

(2.) The facts giving rise to this revision in short are that on 13.10.1990 at about 8.00 O'clock in the morning the complainant Food Inspector R. K. Singh being a member of flying squad of Riasen (sic. Raisen) visited the Obedullaganj where he found the applicant carrying 18 kgs milk on his bicycle, on which by intercepting him gave his introduction to him. Thereafter gave him a notice (Ex. P.5) to purchase the milk 750 ml in consideration for analysis purpose and the same was purchased. The receipt of consideration was also obtained. In this regard the Panchnama (Ex. P.8) was also prepared, according to which after purchasing such milk the same was made homogeneous and kept in three different dry and clean bottles and in each of the bottle 20 drops formalin was mixed and thereafter labels were affixed and bottles were sealed. Subsequent to it out of three bottles one bottle along with Form No. VII was sent to the Public Analyst for its chemical examination, while remaining two bottle were deposited in the office of Local Health Authority. After examination of such milk Public Analyst sent its report dated 19.11.1999 (Ex.P.13) to the complainant Food Inspector, according to it the sample of the milk was found to be adulterated. In such milk 4.5 fat 85% solid (not fat) was found. After receiving such report the requisite sanction (Ex. P.15) for prosecution of the applicant was obtained by he Food Inspector from the concerning authority and thereafter on 8.1.1991 along with the requisite papers the impugned private complaint was filed. On which the impugned case was registered in the trial Court. Simultaneously, the Food Inspector sent a notice under Section 13(2) of the Act to the applicant intimating him about filing the complaint with further information regarding his right to get examine another sample from the Central Food Laboratory for which he may apply to the Court within ten days.

(3.) After taking cognizance in the matter the Trial Court called the applicant, after his appearance the plea was recorded, he abjured the guilt, on which the evidence was recorded and on appreciation of the same the applicant was acquitted from the charge of Section 16 (1) (a) (ii) while holding him guilty for the offence under Section 7 and 16 (1) (a) (i) of the Act he was punished with the above mentioned punishment. On filing the appeal by affirming the aforesaid conviction and sentence the same was dismissed, on which the applicant has come to this Court with this revision.