RATANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 of Cr.P.C. is directed against the judgment of Special Judge, SC/ST Act passed in Criminal Appeal No. 25/1997 (13/96) on 19.2.1998 upholding the judgment of Additional Chief Judicial Magistrate, Merta in Criminal Case No. 24/1989 dated 27.5.1996 convicting the revisionist-petitioner under Section 7/16 of P.F. Act and sentencing him to undergo one year's simple imprisonment and fine, of Rs. 2,000/-.

(2.) The prosecution case is that 7.8.1988, Food Inspector, Champa Lal checked kirana shop of M/s Ratan Lal Girdhari Lal and purchased Til oil (sesame oil) as sample for chemical examination after informing that the said oil was being purchased for the purpose of analysis. Til oil so obtained was found to be adulterated as such after obtaining necessary consent, a complaint was, filed against the accused-revisionist for the offence punishable under Section 7/16 of Food Adulteration, Act Learned ACJM passed conviction order sentencing the accused-revisionist under Section 7/16 of P.F. Act and awarded sentence to undergo one year's S.I. and a fine of Rs. 2,000/- vide, its order dated 27.5.1996 which was confirmed and upheld by the judgment impugned by Special Judge, SC/ST Act in Criminal appeal No. 25/1997 (13/96) on 19.2.1998.

(3.) Learned counsel for the petitioner-revisionist has submitted that the samples were not properly covered from outside and instead of a single sample, three samples were separately taken in three phials. More over, the sample was not made homogeneous and there is no evidence with respect to the cleanliness and dryness of the bottles. Learned counsel has further pleaded 'that the prosecution has not complied with Rule 4(3) read with Rule 18, and the copy of the memorandum and impression of the seal have not separately been transmitted to the Public Analyst. The report of the Public Analyst was supplied after a lapse of two years hence the sanctity of getting the sample re-examined virtually frustrated because iapse of two years rendered the sample not worthy to be re-examined.