ISHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 13/9/1994 whereby the learned Addl. Sessions Judge, Gangapur City, dismissed the appeal filed by the accused-petitioner-Ishwar Lal upholding the judgment of conviction and punishment dated 14/5/1990 passed by the learned Addl. Chief Judicial Magistrate, Gangapur City, in Cr. Case No. 506/1984 for offence under S. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').

(2.) According to the prosecution case on 16-9-1994 Food Inspector Kewal Chand Jain P.W. 1 went for inspection to the shop of Ishwar Lal where the petitioner was carrying on his business of Gud, Oil, Sarso, Bura, Vanaspati, Besan and other grocery articles 011 retail basis. He asked for giving sample of mustard oil for payment which was being sold by the accused-petitioner. However, the said accused-petitioner refused to give the sample of the said mustard oil and even refused to take the notice of information in Form No. 6 to take sample for analysis under R. 12 of the prescribed form from the said Food Inspector.

(3.) According to the complaint (Ex. P.6) filed by the said Food Inspector before the trial Court in the printed form, item Nos. 8, 10 and 11 were ticked right and they were the allegations against the accused-petitioner. Item No. 8 of the said complaint shows that the seller had refused to take Form No. 6 and also refused to give sample of the edible goods on payment. Item No. 9 which is significantly cut out or marked cross in the said complaint is that the seller had insulted the Food Inspector and 'prevented' him from taking sample by using force. In item No. 10 the allegation against the accused-petitioner is that the seller had failed to produce the licence for the Calendar year. In Item No. 11 the allegation is that the seller had refused to sign the Form report.