ASHOK KUMAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Revision under Section 397,401 of Cr.P.C. has been filed challenging the Judgment and sentence dated 11-10-2017 passed by Additional Sessions Judge, Sonkachh, Distt. Dewas in Criminal Appeal No. 19/2017, thereby affirming the judgment and sentence dated 13-5-2017 passed by J.M.F.C., Sonkachh, Distt. Dewas in Criminal Case No. 34/2011 by which the applicant has been convicted under Section 7(i), 2(ia)(m) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short "the Act, 1954"), and has been sentenced to undergo the rigorous imprisonment of 6 months and a fine of Rs. 1000/- with default rigorous imprisonment of 1 month.

(2.) The necessary facts for the disposal of the present revision in short are that on 11-10-2000, at about 4:00 pm, the complainant Almelu P.V., who was working on the post of Food Inspector, collected the sample of Paneer from the Gupta Dhaba and Restaurant situated on Bypass Road Sonkachh. The applicant introduced himself to be the license holder. The restaurant of the applicant was inspected and found that the applicant had kept paneer in the freezer for using the same in the kitchen. The complainant gave a written notice to the applicant in form no. 6 and obtained the signatures of the applicant on the second copy of the notice. The complainant purchased 800 gms of Paneer after making payment of Rs. 126/- at the rate of Rs. 140/- per Kg. and obtained the receipt. After adding 120 drops of formalin, the entire Paneer was made homogeneous and was divided into three parts. The Paneer was sealed in clean Food Grade Polythene and labels were affixed on the same. The polythenes were wrapped in brown papers and were sealed and the remaining formalities were completed. Thereafter, the samples were sent to the Public Analyst along with form 7 and a report was received from the Public Analyst. As per the report of the Public Analyst, the Paneer was found to be adulterated. Thereafter, a letter was sent to the Dy. Director, Food and Drugs Department, Dewas and after obtaining permission from the Dy. Director, sent an information and notice under Section 13(2) of the Act, 1954 to the applicant and accordingly, filed the complaint.

(3.) The Trial Court framed charge under Section 7(i) and 2(ia)(m) read with Section 16(1)(a)(i) of the Act, 1954. The applicant abjured his guilt and pleaded not guilty.