KHAIRAJMAL Vs. STATE OF M. P.

JUDGEMENT

(1.) APPLICANT has filed this revision against the judgment dated 7th March 2000 passed by I Additional Sessions Judge, Jabalpur, in Criminal Appeal No. 6/94, affirming the judgment dated 11.1.1994, passed by Special Judge Magistrate First Class (Municipal Corporation), Jabalpur in Criminal Case No. 1394/84, convicting the applicant under section 7 (i) read with section 16 (1) (a) (i) of Prevention of Food Adulteration Act and sentencing him to rigorous imprisonment for six months with fine of Rs. 1,000/-.

(2.) ACCORDING to prosecution, on 15.10.1981 applicant was selling groundnut oil and mustered oil at Corporation Shop No. 1 situated in Gurandi Bazar, Jabalpur. Food Inspector M.B. Shrivastava and D.L. Patel after giving notice of their intention to purchase the oil took sample of the groundnut oil as well as mustered oil. Notice is Ex. P-1. 375 Gms. of groundnut oil was purchased. It was divided in three parts and filled in three dry clean bottles. Bottles were closed by cork and sealed. They were wrapped in paper. Slips were affixed and were kept in envelope alongwith memorandum containing specimen impression of seal. Signatures of applicant as well as witnesses were taken and the receipt of sale Ex. P-2 was obtained from the vendor and a Panchnama of the proceeding Ex. P-

(3.) LEARNED trial Court, relying upon the evidence of Food Inspector M.B. Shrivastava, held that all the requisite steps of procedure were followed and the sample was adulterated and eventually convicted and sentenced the applicant as mentioned above.