MURLIDHAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment and order dated 2-2-1984 passed by the II Additional Sessions Judge, Shajapur, in Criminal appeal No. 81 of 1984 whereby the original petitioner Murlidhar's conviction under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act 1955 and sentence of rigorous imprisonment for three months and a fine of Rs. 1000/- have been maintained. The present petitioners are Murlidhar's legal representatives.

(2.) THE circumstances giving rise to this petition are these. On 26-4-1982 omprakash Shithole (p. w. 1) Government Food Inspector, Shajapur purchased R. B. D. (Refined Bleached Deodoured) palm oil from Murlidhar's shop situate within the area of Shajapur Municipality. One of the samples was sent to the Public Analyst bhopal who submitted his report (Ex. p/6) to the effect that the oil is below the prescribed standard.

(3.) ON the conclusion of the investigation, the petitioner Murlidhar was prosecuted. He got one of the samples analysed by the Director, Central Food laboratory Pune. Even according to this report (Ex. D/1) the oil was found to be adulterated.