JAGANNATH SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) JAGANNATH Shah, petitioner, has preferred this application in revision against the judgment dated February 1, 1984 passed in Criminal Appeal No. 16 of 1983, by the Sessions Judge, Palamau, where by 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 mouths, 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), refused to sell the same and thereby prevented the Food Inspector from taking sample.

(3.) AFTER hearing learned counsel for the petitioner and learned State counsel and also going through the records, I am of the considered view that as there is merit in this application, the same deserves acceptance.