MOHD MAKSUD Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition, under Section 397/401 of Criminal Procedure code, is directed against the judgment dated 5-9-2000, passed by 2nd Additional sessions Judge, Seoni, in Criminal Appeal No. 2/96, arising out of the judgment dated 29-12-1995, passed by Chief Judicial Magistrate, Seoni, in Criminal Case no. 2745/90 by which the applicant was found guilty under Section 7 read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (for short 'p. F. Act') and convicted for six months R. I. alongwith fine of Rs. one thousand, has been upheld in appeal.

(2.) FOR the purpose of disposal of this revision the material facts of the case are that Food Inspector, S. K. Nigam, went to the hotel/shop of applicant on 28-7-90 at about 10 o'clock in the morning, where the applicant was dealing his business of hotel and so many things like sweets, Namkeen, Tea etc. were available there for sale. Then the said Sub-Inspector gave a notice to applicant to purchase the commodities of the sweets i. e. , Laddu and purchased 'magaj Ka Laddu' and it was also informed that he is purchasing the said commodities for the purpose of sampling under the Prevention of Food Adulteration Act. As alleged after payment 1. 00 Kgm. Magaj Ka Laddu was purchased with a receipt issued by applicant and the same were divided in three parts and sealed by preparing the Panchnama.

(3.) THEREAFTER one packet of the sample was sent to the Public analyst through registered post and Form No. VII was also sent,to the Public analyst with a different registered post envelops remaining two parts of samples were deposited with the local health authority. On examination by the Public analyst, the above said laddu found as adulterated as per Section 2 (ia) (j) of the P. F. Act. In view of the said report, after taking sanction from the concerning authority, the complaint was submitted before the Trial Court and subsequently, the notice under Section 13 (2) of the P. F. Act was also sent to the applicant regarding intimation for filing challan.