DAYAL DAS Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the Addl. Sessions Judge, Baran, dated 23rd Oct., 1978, by which, he confirmed the conviction and the petitioner passed by the Judicial Magistrate, Baran vide his judgment dated 30th Aug., 1977, for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (here in after for short, 'the Act').

(2.) THE facts of this case succinctly narrated are that on 3rd April, 74, Kaluram, Food Inspector visited the shop of firm, 'Moolchand Banamal', and purchased 450 gms. of groundnut oil and paid him Rs. 4.40. He then filled that sample of oil in 3 bottles; sealed them at the spot and sent them to public analyst for examination. After examination, the public analyst disclosed that the oil was upto the standard prescribed by the rules as given in Appendix -B, except that it was not free from rancidity, and hence, he described it as adulterated. After taking sanction, the petitioner was challaned. The learned Magistrate after recording the evidence and hearing both the sides, found the petitioner guilty of the offence under Section 7/16 of the Act, and sentenced him to 1 year's RI and a fine of Rs. 2000/ - and in default of payment of fine, to further undergo 3 months RI. The petitioner then preferred an appeal against his conviction and sentence. The learned Addl. Sessions Judge, Baran, dismissed his appeal and maintained his conviction. But he reduced his sentence to 6 months RI and a fine of Rs. 1000/ -. Against that judgment of the Addl. Sessions Judge, the present revision petition has been preferred,

(3.) THE only point to be considered in this case is whether the Kreis -Test is the conclusive one, and whether on account of this test, can the oil be declared to be adulterated.