KANHAIYA LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision has been filed by the applicant under Section 397 read with Section 401 of Cr.P.C. against the judgment dated 18.02.2000 passed by the Seventh Additional Sessions Judge, Jabalpur in Criminal Appeal No. 122/2000 arising out of the judgment dated 27.10.1999 passed by the JMFC and Special Magistrate, Jabalpur in Criminal Complaint Case No. 1338/1996 whereby the applicant has been convicted under Section 7(1) read with Section 16(1) (a)(i) of the Prevention of the Food Adulteration Act, 1954 and has been sentenced to undergo rigorous imprisonment for six months and a fine of Rs.1,000/-; in default of payment of fine, he has been further sentenced to undergo two months' R.I.

(2.) In brief the facts of the case are that on 09.05.1994, Food Inspector visited the milk dairy of the applicant Kanhaiya Lal situated at Dwarika Nagar, Lalmati, Jabalpur. After disclosing his identity, he purchased 750 ml of milk and as per the due procedure the same was sent for examination to the Public Analyst for his report, wherein the milk was found to be adulterated. Subsequently, a private complaint was filed by the Food Inspector before the JMFC and the JMFC, after recording the evidence recording conviction against the applicant as mentioned above and being aggrieved of the same, criminal appeal was preferred by the applicant before the lower appellate Court, which was also dismissed.

(3.) Learned counsel for the applicant has submitted that in the present case, he has been convicted of an offence punishable under the Prevention of Food Adulteration Act (hereinafter referred to as 'Act'), which provides a detailed procedure to be followed to prosecute a person and certain mandatory provisions of the aforesaid Act has not been followed by the learned Judge of the Trial Court, which have been over-looked by the learned appellate Court as well.