ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This revision is directed against the judgment of conviction passed in Criminal Appeal No. 145 of 1986 by Shri P.N. Yadav 3rd Additional Sessions Judge, Hazaribagh through which the order of conviction and sentenced as awarded against the petitioner by Shri N.C. Gupta S.D. J.M., Hazaribagh in C.R. Case No. 1030 of 1982 against the petitioner was duly confirmed and upheld.

(2.) The fact in short for the purpose of this revision is that it is the prosecution case that the petitioner was running grossry shop in village Barkagaon within the Hazribagh and on 28.3.1982 the Food Inspector alongwith his witness, namely, Rauf Khan visited the shop of the accused and the expressed his desire and intention to purchase sample of Hatdi stored for analysis and after complying all the formalities, sample of Haldi stored for sale in the shop of the accused was obtained and it was kept in three separate phials and after proper sealing, one sealed sample was sent to public analyst who found the sample of Haldi adulterated and thereafter obtaining the sanction order for prosecution of the petitioner from the competent authority, the prosecution was launched against the petitioner under Section 16 (1)(a) of the Food Adulteration Act (to be referred hereinafter as the Act) for the sake of brevity.

(3.) Initially the case was tried by Shri N.C. Gupta, S.D.J.M. Hazaribagh who vide his judgment dated 21.7.1986 found the appellant guilty under Section 16 (1)(a) of the Act and sentenced the petitioner to undergo rigorous imprisonment for six months and further he was. sentenced to a fine of Rs. 1, 000 and in default to undergo simple imprisonment for four months.