PRADEEP KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment and order dated 1.12.97 passed by IInd A.SJ. Shajapur, in Cr. appeal No. 3/97 whereby the conviction and sentence awarded by C.J.M. Shajapur in Cr. Case No. 53/94 passed on 16.12.96 were confirmed.

(2.) THIS prosecution case, in brief, was that on 29.7.93, Food Inspector C.L. Lakshkar, visited 'Aashirwad' Bhojnalay and after giving him notice under form No. 6, purchased 600 gms. of 'Aata', divided it into three parts and put it into three dry polythene bags and sealed them according to the rules. One sample was sent to Public Analyst, Bhopal and two samples were deposited with Local Health Authority. The public analyst opined that the 'Aata' did not confirm to the standard prescribed under the Food Adulteration Rules, 1955, therefore, after notice complaint was filed in the Court of CJM Shajapur, who convicted and sentenced the appellant as stated above. The appellant after being unsuccessful in appeal, has filed this revision petition.

(3.) IN the result, the conviction of the applicant is maintained. However, the jail -sentence of six months is set -aside and instead he is sentenced to the period already undergone and to pay fine of Rs. 5,000/ -, in default of payment of fine, three months further RI. The applicant shall deposit this amount (after adjusting the amount already deposited) within two months from today, failing which he shall surrender before CJM Shajapur on or before 24.6.99 for serving out the jail -sentence in default of payment of fine. The revision stands disposed as indicated above.