MANOHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Sec. 397 r/w 401 of Code of Criminal Procedure, 1973 has been filed by the applicant/accused against the judgment dated 25.02.2002 passed by learned Additional Sessions Judge, Burhanpur in Criminal Appeal No.27/2002 affirming the judgment dated 24.12.2001 passed by J.M.F.C., Burhanpur in Criminal Case No.373/87, whereby the applicant/accused has been convicted under Sec. 16(1)(A-1) of the Food Adulteration Act and sentenced to undergo rigorous imprisonment for six months with fine of Rs.1000.00.

(2.) Brief facts of the case are that on 24.186 Food Inspector, Shri S.I. Meer took a sample of groundnut oil from the shop named Jaibhawani Trading Company, which belongs to the father of appellant's Bhagchand, following the rules. The sample obtained from the appellant sealed, packed and seized accordingly and sent for examination to FSL. As per FSL report, seized sample of oil was found below standard and adulterated. Thereafter, notice was given to the applicant and complaint was filed against the applicant under Sec. 16(1)(A-1) of the Food Adulteration Act.

(3.) Learned trial Court found that the Food Inspector is the competent authority to take sample. After following the rules, sample has been purchased by him from the applicant's shop Jaibhawani Trading Company. The applicant signed Exhibit P/2 Form No.6, receipt Exhibit P/3 and slips affixed on 3 samples of cooking groundnut oil and Panchnama. Therefore, on the basis of testimony of S.I. Meer, the applicant was found guilty and convicted under Sec. 16(1)(A-1) of Food Adulteration Act. He was sentenced to undergo R.I. For six months along with fine of Rs.1000.00.