ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 28.8.1995, passed by the S.D.J.M. Gaya in G.O. Case No. 20 of 1994 Tr. No. 637 of 1995.

(2.) THE revisionist was sentenced and convicted under Sections 16(I)(a)(i) of the Food Adulteration Act, 1954, and he was sentenced to undergo R.I. for six months and he was also sentenced to pay fine of Rs. 1000/- and in default to undergo S.I. for two months.

(3.) IN view of the aforesaid submission relating to the mandatory provision of Section 10(7) of the Food Adulteration Act, I think that the prosecution of the revisionist was vitiated and perhaps the appellate Court and the trial Court did not take notice of this legal lacuna in the prosecution of the revisionist. So I think the judgment of the two Courts below suffered from illegality which necessitates interference from this Court. IN the result, this revision is allowed and the judgment of the two Courts below are set aside and the revisionists are acquitted.