BANSILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition has been directed against the judgment of conviction and order of sentence passed by the Judicial Magistrate, 1st Class, mudwara (Katni), convicting the applicant under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "act") and sentencing him to suffer rigorous imprisonment for one year and fine of rs. 2,000/- , in default of payment of fine, further imprisonment for three months. The order of sentence has been partly modified by the Appellate court in appeal from one year rigorous imprisonment to six months rigorous imprisonment and fine of Rs. 2,000/-, and in default, further rigorous imprisonment for four months.

(2.) IN brief, the case of the prosecution is that the Food Inspector mr. M. A. Ansari (P. W. 1) took the sample of mixed milk of she-buffalo, cow and she-goat on 25-2-1981 at 12. 30 p. m. Thereafter, the same was sent to the public Analyst on 27-2-1981 where from the report was received on 17-3-1981. In the report, milk was found to be adulterated as a result of which, after having served notice prescribed under Rule 9-B of the Prevention of Food Adulteration Rules, 1955 (for short 'rules of 1955'), charge sheet was filed along with report of the Public Analyst. The applicant was charged under Section 7/16 of the Act.

(3.) THE applicant abjured the guilt and pleaded complete innocence. In his statement, he submitted that no notice under Section 13 of the act was served on him.