MOHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has preferred this revision against the appellate judgment dated 3-4-1996 passed by Sessions Judge, Hoshangabad in Criminal Appeal no. 118/1989 affirming his conviction under Section 7 (i)/16 (1) (a) (i) of prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'act')and order of sentence of rigorous imprisonment for one year and fine of rs. 1,000/-, in default further rigorous imprisonment for three months passed against him by Chief Judicial Magistrate Hoshangabad in Criminal Case no. 504/84 vide judgment dated 26-9-1989.

(2.) IT is alleged that on 30-5-1984 at about 9. 30 A. M. Food Inspector r. P. Singh upon inspection of the shop, known as Hotel Baba Ramji Das mishthan Bhandar near bus stand Hoshangabad, belonging to the applicant found that applicant had stored some green coloured 'mava Barfee' for sale at his shop, which appeared to be sub-standard. The Food Inspector then purchased 600 grams of green coloured 'mava Barfee' from the applicant as sample for analysis by paying its cost, after giving him notice in Form No. VI. The food Inspector then divided the sample of 'mava Barfee' in three equal parts and kept each part in dried and clean containers and duly packed and sealed them in presence of panch witnesses and sent one of its part for analysis to the public Analyst alongwith impression of his seal as prescribed. After analysis, the sample of 'barfee' purchased from the applicant was found to be adulterated. Copy of the report of Public Analyst was then duly sent to the applicant and after obtaining necessary sanction for prosecution, applicant was prosecuted under section 7 (i)/16 (1) (a) (i) of the Act.

(3.) CHIEF Judicial Magistrate Hoshangabad tried the applicant for the offence punishable under Section 7 (i)/16 (1) (a) (i) of the Act and after full trial found him guilty for the aforesaid offence and sentenced him to rigorous imprisonment for one year and fine of Rs. 1,000/-, in default further rigorous imprisonment for three months vide judgment dated 26-9-1989 passed in criminal Case No. 504/84.