RAMESH CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for commission of offence under Section 7(i) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") vide judgment dated 8.2.2000 passed by the Chief Judicial Magistrate, Khandwa in Criminal Case No. 127/1991 and sentenced with six months' RI with fine of Rs. 1000/ -. In Criminal Appeal No. 32/2000, the learned First Additional Sessions Judge, Khandwa vide judgment dated 8.6.2000 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, this criminal revision is preferred by the applicant.

(2.) THE prosecution case, in short, is that on 12.10.1990 the Food Inspector Ramsevak Mishra (PW -1) along with the flying squad went to the Tail Ghani (small scale oil mill) of the applicant, situated at Shivpuri Mohalla Mundi Tahsil Khandwa. At about 10:15 AM he found that in two drums the applicant had collected 200 kg groundnut oil. The Food Inspector proposed to take the sample of that oil and gave a notice. Thereafter he purchased 375 gms. groundnut oil in sum of Rs. 12/ -. The payment was made. The entire groundnut oil was apportioned in three equal parts and kept the same in clean dried glass bottles and thereafter properly sealed with the help of slips issued by the Local Health Authority. A memo Ex. P -5 was prepared. One sample was sent to the Public Analyst for its analysis and vide report dated 20.11.1990 Ex. P -11 the Public Analyst found that the sample was adulterated. Thereafter the permission of prosecution was obtained from the concerned authority and a complaint was filed before the CJM Khandwa. Thereafter a notice under Section 13 of the Act was also sent to the appellant, which was served upon him in the month of January 1991.

(3.) THE learned Chief Judicial Magistrate after considering the prosecution evidence convicted and sentenced the applicant as mentioned above, whereas the appeal filed by the applicant was dismissed in toto.