BRIJ MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision is directed against the judgment and order dated 4th January, 1986 passed by the 4th Additional Sessions Judge, West Champaran, Bettiah whereby he dismissed the appeal affirming the conviction of the petitioner under Section 16 (1)(b) of the Prevention of Food Adulteration Act, 19.4 (herinafter to be referred to as the 'Act') and sentence to undergo R/I for six months as passed by the learned sub-divisional Judicial Magistrate, Bettiah in Case No. 36 of 1980.

(2.) On 8th April, 1977, the complainant Pashupati Prasad, Food Inspector, Chanpatia visited the grocery shop of the petitioner and after giving notice, he demanded the sample of mustard oil from the petitioner for chemical examination by the Public Analyst. But the petitioner refused to give him any sample. The complainant, after obtaining necessary sanction from the Chief Medical Officer cum Civil Surgeon, filed prosecution report (Ext. 1) before the Chief Judicial Magistrate, Bettiah who took the cognizance of the offence under Section 16(1)(b) of the Act and transferred the case to the Sub-Divisional Judicial Magistrate, Bettiah for disposal. The learned S.D.J.M. on consideration of the evidence, convicted and sentenced the petitioner in the manner mentioned aforesaid.

(3.) As against the conviction and sentence, the petitioner preferred an appeal before the Sessions Judge, Bettiah which was heard by the 4th Additional Sessions Judge, Bettiah who dismissed the appeal affirming the conviction and sentence of the petitioner.