JAGARNATH SHAW Vs. STATE OF BIHAR

JUDGEMENT

(1.) Jagarnath Shaw, petitioner, has preferred this application in revision against the judgment, dated February 1, 1981 passed in Criminal Appeal No. 16 of 1983, by the Sessions Judge, Palamau, whereby his conviction under Sections 16 (1) (b) and (c) of the Prevention of Food Adulteration Act, 1954 and sentence to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 1,000, or in default to undergo simple imprisonment for three months, as awarded by the Sub-divisional Judicial Magistrate, Daltongunj, by his order dated February 19, 1983 passed in C. G. Case No. 124 of 1982, were maintained.

(2.) Prosecution against the petitioner was launched on the basis of a complaint, alleging that when the Government Food Inspector cum-Sanitary Inspector, Bashiruddin P. W. 2 accompanied by vaccinator Moghal Ram P. W. 1 had visited the foodstuff's shop of the petitioner in village Nawadih on February 6, 1982 for procuring a sample of pure Ghee, he (petitioner), had refused to sell the same and thereby prevented the Food Inspector from taking sample,

(3.) The petitioner, in bis examination in the trial court, had denied the prosecution allegation and stated that he was innocent. He had asserted that neither he runs a shop of foodstuffs nor had sold Ghee at any point of time. He had maintained that Food Inspector wanted him to become a witness against Laldeo Sao, after latter's shop was raided, but as he had refused to become a witness in that case therefor, his false implication. He bad examined Imamuddin Ansari as his solitary defence witness. This D. W. has testified that the petitioner is a poor agriculturist and has never runs a shop.