SHANKER Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT has preferred this revision against the appellate judgment dated 11.7.98 passed by III rd Additional Sessions Judge, Chhindwara in Criminal Appeal No. 123/97, whereby the conviction of the applicant under Section 7(i)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'Act') recorded by Chief Judicial Magistrate, Chhindwara and sentence passed on him are upheld.

(2.) IT is alleged that on 30.1.86 at about 9 'O'clock in the morning at Narsinghpur Road, Chhindwara, while applicant was carrying 20 -25 liters of mixed milk (cow and buffalo milk) for sale he was checked by Food Inspector Bhola Singh. Food Inspector Bhola Singh purchased 660 ml. of mixed milk from the applicant for analysis in presence of panch witnesses after giving him notice in writing in Form No. VI to have it analyzed. The Food Inspector then divided the sample of mixed milk collected from the applicant into three equal parts and filled each part in three clean and dried bottles and added prescribed quantity of Formalin and duly sealed them and sent one of its parts to the Public Analyst for analysis and sent the remaining two parts to the Local Health Authority. Upon analysis, the sample of milk taken from the applicant was found to be adulterated. After obtaining necessary sanction, applicant was prosecuted under Section 7(i)/16(1)(a)(i) of the Act. After the institution of prosecution, notice under Section 13(2) of the Act alongwith the report of the Public Analyst was sent to the applicant by registered post.

(3.) IN criminal appeal preferred by the applicant against the aforesaid order of his conviction and sentence, the appellate Court, after considering the evidence on record, upheld the conviction of the applicant under Section 7(i)/16(1)(a)(i) of the Act and sentence passed on him by Chief Judicial Magistrate, Chhindwara and dismissed his appeal by the impugned judgment, which has been challenged in this revision.