ANIL KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition has been directed against the judgment dated 21-5-1999, passed by Sessions Judge, Raisen in criminal appeal No. 117/1998 whereby the judgment dated 19-11-1998 passed by Chief Judicial Magistrate, Raisen, by which the present applicant was found guilty under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (In brief "act") and sentenced for six months rigorous imprisonment with fine of Rs. 1000/- (One thousand), and in default of payment of fine further one month R. I. , has been upheld.

(2.) AS per prosecution case on 15-10-1991, Shri R. K. Singh, Food Inspector (P. W. 1.) went to village Badi in weekly market where the applicant was running a shop in the market from which said Food Inspector on his inspection bought catechu, which having a dictionary meaning 'betel-nut' also. In respect of purchase a notice (Ex. P. 4) was given and in response of it after payment the said substance was taken from the applicant by the receipt of Ex. P. 5. Panchnama was also prepared and subsequently form No. 7 with the impression of seal the sample was sent to the Public Analyst, which report Ex. P. 13 dated 25-11-1991 was received in which it was found that the seized substance does not confirm the standard prescribed under the Rules.

(3.) AFTER obtaining the sanction Ex. P. 15 dated 16-1-1992 the prosecution was initiated and notice under Section 13 of the said Act was sent to the applicant. After holding trial the trial Court convicted the applicant, which was upheld by the appellate Court as said above. Hence this revision.