DEO KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Deo Kishan was convicted under section 7/16 of the Prevention of Food Adulteration Act, 1969 (hereinafter referred to as 'the Act') and was sentenced to six months' rigorous imprisonment with a fine of Rs. 1000/-in default of the payment of fine to further undergo one month's like imprisonment by the learned Judicial Magistrate, Jodhpur vide his judgment dated September, 22,1977. The accused went in appeal which was heard by the learned Additional Sessions Judge No. 2 Jodhpur. In appeal, his conviction and sentence were maintained. The accused has now come up in revision.

(2.) BRIEFLY stated, the prosecution case is that the accused runs a Kirana shop in Mirchi Bazar, Jodhpur. On August 20, 1975 the Food Inspector Jeevraj (PW 8) went to the shop of the accused and disclosed his identity. He found approximately 5 kg. of honey in a drum. He suspected it to be adulterated. He, therefore, purchased 750 grams of honey from the accused after making the payment of its price in cash to him. The purchased honey was divided in three equal parts and each part was filled in a separate phial. One of the samples was sent for analysis to the Public Analyst, Jaipur. On analysis the sample was found adulterated as it did not conform to be prescribed standards of purity. On the receipt of the report of the Public Analyst, the Food Inspector approached the District Magistrate, Jodhpur to seek his written consent to launch prosecution against the accused. The District Magistrate accordingly granted the written consent authorising the Food Inspector to present the complaint. Thereafter a complaint was filed in the trial Court by one Assistant Public Prosecutor S. K. Mathur. This led to the prosecution and conviction of the accused, as stated earlier.

(3.) IN the result, the revision-petition of accused Deo Kishan is allowed. The judgments of the courts below are set-aside and the conviction and sentence of the accused under Section 7/16 of the Prevention of Food Adulteration Act, 1954 are set aside. He is already on bail and need not surrender. His bail bonds shall stand cancelled. .