CHANDU LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 28-5-1982 passed by the Additional Sessions Judge, Indore in Criminal Appeal No. 387 of 1981 whereby the petitioner's conviction under Sec. 7(1) read with Sec. 16 (I) (a) (i) of the Prevention of Food Adulteration Act entered by the IInd Additional Chief Judicial Magistrate, Indore has been maintained and the sentence of rigorous imprisonment for two years and a fine of Rs. 2,000.00 was reduced to rigorous imprisonment for one year and fine of Rs. 1,000.00.

(2.) According to the prosecution during the relevant period ; the petitioner's brother Jayantilal had his godown under the name 'Sudha Brand Tea Depot' at Snehlate Ganj, Indore. On 2-9-1971 tea was actually stored there for sale and the petitioner was in management of the store. Sample of tea purchased from him by the Food Inspector on 2-9 1971 at 1.00 p.m. after observing due formalities, was, on analysis by the Public Analyst found to be adulterated (vide the report Ex. P-5 dated 10 9-1971).

(3.) The petitioner along with his brother Jayantilal who has been acquitted by the Trial Court, was prosecuted with the result already stated. The defence was one of false implication.