BABULAL Vs. STATE

JUDGEMENT

(1.) This criminal revision is directed against the judgment of the learned Fourth Addl. Sessions Judge, Ujjain, in Cr. Appeal No. 22 of 73 whereby the conviction of the applicant for the offence under section 7(1) read with section J6(l)(a)(i) of the Prevention of Food Adulteration Act (for brevity the Act) and the sentence of R.I. for a period of 4 months and a fine of Rs. 500.00passed thereunder by the trial Court were upheld.

(2.) The case of the prosecution was that on 31st July, 1970 the Food Inspector went to the village Unbel, Tah Khachrod and checked the grocery shop of the applicant. At that time the Food Inspector purchased 375 grams of ground-nut oil from the applicant out of an open container on payment of Rs. 190 paise for which receipt Ex. P-2 was obtained from the applicant. The sample oil was divided in three equal parts and they were filled in three separate bottles which were duly sealed. The 'panchnama of the said seizure was made vide Ex. P-3. One of the bottles of sample oil m as sent to the Public Analyst for analysis. As per report of the Public Analyst Ex. P-5 the result of the analysis was as under : <FRM>JUDGEMENT_10_LAWS(MPH)11_1975.html</FRM> On the basis of the above result of analysis the Public Analyst gave the opinion that the sample oil did not conform with the standards given for ground-nut oil. The applicant was, therefore, prosecuted under the Act.

(3.) The applicant pleaded not guilty. The trial Court, however, held the applicant guilty and sentenced him for the offence under section 7(1) read with section 16( 1)(a) (i) of the Act.