SATISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has tiled this revision against the judgment dated 5-2-2002 passed by Third Additional Sessions Judge, Jabulpur in Criminal Appeal No. 19 of 2001, whereby the judgment dated 3-1-2001 passed by Special Municipal Magistrate, Jabalpur, in Criminal Case No. 1347 of 1995, convicting the applicant for the offence under Section 7 (1)/16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, (for short 'the Act') and sentencing him to rigorous imprisonment for one year with fine of Rs. 200/-, was affirmed.

(2.) FACTS of the case are that on 9-5-1994, Food Inspector, H. D. Dubey took sample of cow-buffalo milk from the applicant, a milk vendor at Lalmati. Jabalpur. He purchased 750 millilitres of milk, kept it in a container and after making it homogeneous divided it into three parts of 250 millilitres each and filled the samples in three clean dry bottles as per rules and deposited the same in the office of Local Health Authority, Jabalpur. One sample alongwith Form No. 7 was sent for analysis to Public Analyst, Bhopal. Report of Public Analyst (Ex. P-12) was received on 17-6-1994. According to analysis report, the sample was found to be adulterated. After obtaining the sanction from the Dy. Director, Food and Drugs Administration, Jabalpur, the complaint was filed in the Court of Magistrate and a notice alongwith the report of Public Analyst, in accordance with the provisions of Section 13 (2) of the Act was sent to the accused.

(3.) DURING trial the applicant abjured the guilt. In his statement under Section 313 of the Cr. PC he pleaded false implication. He also pleaded that he did not receive any notice under the provisions of Section 13 (2) of the Act.