RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant-accused stood convicted under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, (in brief "The Act") and awarded R.I. for six months and fine of Rs. 1000/- by the trial Court vide judgment dated 22-3-1994 in Criminal Case No. 773/93 which was affirmed by the Additional Sessions Judge, Panna in Criminal Appeal No. 36/94 vide judgment dated 29-11-1997, hence this revision preferred for setting aside the said conviction.

(2.) The factual matrix of the prosecution case are that on 14-3-1993 at about 11 a.m. when the applicant was carrying the milk in cans on his own bicycle and was anticipated by the Food Inspector and given a notice for sampling and in response of it 750 ml. milk was taken and by adopting the prescribed procedure same was stirred and one part of the sample was sent to the public analyst for examination. On examination said milk was not found as per standard prescribed under the Food Adulteration Rules and according to the report of the public analyst the sample was not found with the conformity of the norms. On receiving such report by getting requisite sanction from the authority the Food Inspector initiated the complaint before the Trial Court under the provision of Prevention of Food Adulteration Act and on recording the plea against the applicant the evidence was recorded and on appreciation applicant was found guilty and convicted, as said above. On appeal the same was affirmed by dismissing the appeal, hence this revision.

(3.) Having heard learned counsels for the applicant and the State and on perusal of the record, I am of the considered view that this revision deserves to be allowed.