ARCHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 4.5.93 passed by the Additional Sessions Judge, Rajgarh, in Cr. appeal No. 15/91 confirming the judgment passed by CJM Rajgarh dated 4.2.95 whereby the applicant -accused was convicted u/s 7(1) read with section 16(1)(a)(i) of the Prevention of Food Adultration Act, 1954 (For short 'the Act') and sentenced to one year R.I. and to pay fine of Rs. 1,500/ -, in default of payment of fine to undergo further R.I. for six months.

(2.) THE prosecution case, in brief, is that on 10.12.86 Flying Squad found the applicant storing milk for sale. PW 1 Shri V.N. Bajpai, Food Inspector, after giving notice to the applicant, purchased 750 ml. buffalo milk from him and divided the same into three parts. After completing formalities of taking and sealing the same, he sent one sample to public analyst, Bhopal and deposited two bottles of sample in the office of Local Health Authority, Registered notice was given to the applicant u/s 13(2) of the Act, which he refused to receive. The public analyst found the sample adulterated vide report Ex. P.12. On 20.11.87 the Food Inspector filed complaint in the Court of C.J.M. Rajgarh, who convicted and sentenced the applicant u/s 7(1) read with section 16(1)(a)(i) of the Act. The applicant filed appeal and challenged conviction and sentence. The appellate Judge dismissed the appeal and confirmed the conviction and sentence passed by the trial Court. Hence, this revision.

(3.) SHRI G. Desai, learned Government Advocate for the State, supported the impugned judgment and contended that this Court in revisional jurisdiction cannot re -appraise the evidence. He submitted that the applicant did not express his desire and made application for getting sample analysed by the Central Food Laboratory. Therefore, the question of defeating right u/s 13(2) does not arise.