SUKHNANDAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against his conviction under section 16(1 )(c) of the Prevention of Food Adulteration Act and sentence of rigorous imprisonment for six months and a fine of Rs. 1,000.00 awarded by the Judicial Magistrate First Class Tikamgarh and confirmed on appeal by the Sessions Judge, Tikamgarh in Cr. A. No. 101/78 dated 4-12-1980.

(2.) The prosecution case at the trial was that the petitioner runs a kirana shop at village Pathari and he also stores and sells Gud. On 8-12-76 Dhudhar Sharma (P.W. 1) Food Inspector, Orchha, went to the shop of the petitioner and found Gud kept in his shop for sale which looked dirty and unwholesome. He, therefore, wanted to take its sample and, therefore, took steps to purchase the Gud for analysis after giving notice Ex. D. 2 and disclosing his identity. It is alleged that the amount for purchase of 900 grams of Gud was also paid to the petitioner and the Gud so purchased was being divided into three parts. The Food Inspector wanted to fill in the three bottles the Gud so purchased but the petitioner took away the entire Gud purchased by the Food Inspector and ran inside the house. The Food Inspector then started preparing a Panchunama, but the petitioner appeared again and snatched away the paper and did not permit the Food Inspector to prepare the Panchanama. Later on prosecution was launched against the petitioner under section 16(l)(c) of the Act for preventing the Food Inspector from taking the sample of the Gud.

(3.) The prosecution examined Food Inspector and one witness who was declared hostile and cross-examined and gave up another Panch witness who was examined by the defence. The learned Magistrate, relying on the testimony of the Food inspector, convicted the petitioner and sentenced him as mentioned above. On appeal, the learned Sessions Judge also accepted the conclusions arrived at by the Trial Court and maintained the conviction and sentence passed against the petitioner. The petitioner has, filed this revision petition.