GHANSU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present revision petition is directed against the judgment dated 12-4-94 of 1st Addl. Sessions Judge, Mandla, in Cr. A. No. 92/83, whereby the conviction of the petitioner-accused for offence under Sections 7(1), 16(1)(a)(l) of Prevention of Food Adulteration Act, 1954, for selling adulterated milk to Food Inspector on 20-12-1982, in the area of village Manadehi, was confirmed.

(2.) The accused/petitioner has initially been convicted by Chief Judicial Magistrate, Mandla in Cr. Case No. 352/82, vide his judgment dated 23-11-83. He was sentenced to undergo Rigorous Imprisonment for one year, but the Addl. Sessions Judge modified this sentence to Rigorous Imprisonment for six months and fine of Rs. 1000/- and in default imprisonment for two months.

(3.) On perusal of the record, this Court finds that the revision petition must succeed on the ground that compliance of provisions of Section 13(2) of Prevention of Food Adulteration Act was not established by the prosecution. The report of public analysis was dated 24-12-1981. A complaint was filed on 15-3-1982. According to the prosecution an intimation Ex. P/13 was issued to the appellant, along with the report of public analysis, to the accused from whom sample of cow milk had been taken. This letter purports to be dated 18-3-1982. It is an office copy about which statement has been made by the Food Inspector B. K. Kachhwaha (P.W. 1) that it was sent by registered post. A copy of stamp register of the office of Dy. Director (Up Sanchalak) Khadya Evam Aoushadhi Prashasnik, Mandla has been produced, containing the entry dated 19-3-1982. A letter was sent to this accused and stamp of Rs. 3.55 ps. was spent.