MUNNAIAL AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this revision against the order dated 9.7.1997, passed by IV Additional Sessions Judge, Rewa in Criminal Appeal No. 79/96. affirming the order dated 15.10.1996, passed by Chief Judicial Magistrate. Rewa in Criminal Case No. 1289/91, convicting the petitioner for the offence under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. 1954 (hereinafter referred to as 'Act') and sentencing him to rigorous imprisonment for 6 months with fine of Rs. 1,000/-.

(2.) In brief, the facts of the case are that on 28.10.1990, Food Inspector B.K. Mishra inspected sweetmeat shop of petitioner situated at New Bus Stand, Padra. Suspecting the Khowa Barfi to be adulterated, he took the sample. He purchased 600 gms. of Barfi for Rs. 18/- and after following due procedure, divided the sample in three parts and made three packets. One part of the sample, along with Form-7, was sent to Public Analyst, Bhopal. Remaining two parts of the sample were deposited with the Local Health Authority on 29.10.1990. He received report Ex.P/7 from the Public Analyst. As per report, the sample of Khowa Barfi was found adulterated. After obtaining requisite sanction/consent Ex.P/6, from the Local Health Authority, Food Inspector filed complaint in the Court of Magistrate. He forwarded all the information's about filing of the complaint to the Local Health Authority. Local Health Authority forwarded a notice under Section 13(2) of the Act to petitioner by registered post.

(3.) During trial, Food Inspector B.K. Mishra appeared as PW-1 and also examined A.R. Khan, PW-2, the clerk of the Office of Director, Food and Drug Administration, Rewa. Petitioner also examined two witnesses in his defence viz. DW-1 Shriniwas and DW-2 Ram Gopal for showing that the petitioner was not the owner of the shop.