PANNA LAL KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision-application is directed against the Judgment and Order passed in Cr. Appeal 33/86 by 2nd Addl. Session, Judge, Katihar, upholding the conviction of the petitioner under Section 16(1) (C) of the Prevention of Food Adulteration Act and affirming the sentence passed by the trial court for six months' rigorous imprisonment but reducing the quantum of fine from Rs. 1,000 to 300 in default of R. I for two months.

(2.) The petitioner was charged under Section 16(1) (c) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) for having prevented the food inspector from taking a sample of wheat flour from his shop on 20-9-82 at village Pothia P.S. Falka in the Distt of Katihar.

(3.) From the appellate court judgment it appears that the allegation in the prosecution report was that one Shri K.P. Mandal, Food Inspector visited the business premises of the accused at 12.30 p.m. on 20.9.82 and gave notice under Section 11 of the. Act to take sample of wheat flour from his shop. The accused prevented him from taking sample of the wheat flour in presence of several persons including Mahabir Mandal, P.W. 2. It is also stated that the complainant was a qualified sanitary Inspector of Falka Block and he obtained sanction of C.M.O. Katihar for prosecution under the Act. The petitioner denied the charges and pleaded not guilty. The trial Court proceeded with the trial and held him guilty under Section 16(1) (c) of the Act and convicted him for the said offence and imposed sentence as already mentioned above. The petitioner being aggrieved by the judgment of the trial court filed Cr. Appeal 33/86 in the court of Sessions, Katihar, which was finally heard by the 2nd Addl. Sessions Judge, Katihar who disposed of the said appeal by the impugned order 28.11.92.