RAMESH AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for commission of offence under Section 16(1)(a)(Part-I) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") vide judgment dated 25.4.1996 passed by the Chief Judicial Magistrate Chhattarpur in Criminal Case No.271/1988 and sentenced with one year's RI with fine of Rs.1000/-. In Criminal Appeal No.50/1996, the learned Third Additional Sessions Judge, Chhattarpur vide judgment dated 16.7.1998 partly allowed the appeal of the applicant by which the sentence of the applicant was reduced from one year' RI to six months' RI. Being aggrieved with the judgments of both the Courts belows, this criminal revision is preferred by the applicant.

(2.) The prosecution case, in short, is that on 21.2.1988 at about 12:00 PM the Food Inspector Shri R.L.Nigam (PW-1) went to the shop of the applicant and proposed for taking a sample of sweet dish (barfi). He took the sample of the sweet dish (barfi). He purchased 600 gm barfi and divided into three equal parts and three samples were prepared. Those were duly added by preservative and sealed in different packets. The memo of the procedure was prepared. The samples were sealed by the slip issued by the Local Health Authority and thereafter a memo was prepared. One sample was sent to the Public Analyst Bhopal for its analysis and remaining two packets were deposited with the Local Health Authority. After the analysis, the Public Analyst sent a report Ex.P-7 to the Local Health Authority with the opinion that no silver foil was used for covering the sweet dish, on the contrary aluminum foil was used, and therefore the sample was adulterated. After obtaining the sanction from the Deputy Director, Food and Drugs Administration, Sagar a complaint was filed before the CJM Chhattarpur.

(3.) The applicant-accused abjured his guilt. He did not take any specific plea in the case, and therefore no defence evidence was adduced.